Wednesday, June 27, 2012

Ithaca DWI Attorney Why Can't New York Lawyers Make Promises or Guarantees of a Result?

I love the song Promises Promises (1968) by Dionne Warwick

The lyrics are so true to life:

Oh, promises, their kind of promises, can just destroy a life
Oh, promises, those kind of promises, take all the joy from life
Oh, promises, promises, my kind of promises
Can lead to joy and hope and love
Yes, love!!

I know the title of this blog may be a bit much but I believe it. All of us make promises (commitments) to ourselves and to others. Exchanges of promises between people are the basis of all contracts. Companies offer products and services within the marketplace with many unspoken guarantees (promises) of benefit. In a marriage contract this promise is called a Vow. No matter what you call it: vow, promise, commitment, if we are to fully function as a society of rules, conventions, and laws this is the base where it ALL begins.

My legal practice handles a wide range of matters over a pretty good chuck of territory. I do traffic violations, DWI, and personal injury cases fifty miles in all directions. My home base is Ithaca, NY, So I travel from Cortland to Steuben and from Broome to Seneca counties regularly. I even get out to Yates county but only during the warmer months, forget winter snow and ice at night on isolated, desolate country roads. I may be in transit when you call me. 

Communication is Everything

People call me, text me, fax me, and email me with requests, questions, and challenges.
The either want my representation, want a question answered, or want to argue with me about something I wrote or said or videoed... It can boggle your mind but I put myself out there and I do love to help people but it can wear on you at times when we do not have a meeting of the minds.

Contracts Require a Meeting of the Minds

Two people must be on the same page to have a contract, and form an agreement. If they both have different expectations then there is NO contract. Each side Promises something. It is the basis of all civilization. We all make and hopefully keep the promises that we make. It is a sign of integrity. 

As Dionne sings so well, Promises can lead to joy, hope, and love. Now think what is the opposite of broken promises? Commitments made, and then not kept feel terrible.

Engaging or Not Engaging a Lawyer to Represent You

Recently I had a Canadian driver contact me about a speeding ticket. I spoke with him, told him what I could do, what I would charge, and what he could expect.

I discussed ranges, fines, possible/reasonable outcomes, process, and my fees for this.

Then a flurry of 10 emails, all challenging me, how things work, and fantasy notions of Law and Order,

He then left me a message, you are fighting for me in Court tomorrow, right?

My response:

We do not have an agreement, we have been going back and forth via email,
you have certain notions about the process, ie. whether the police are showing up or not,
( I did a recent blog about this here:  )

 and how your case will be dismissed because of that,

I believe that you have certain expectations that I can not promise to meet,
legally and ethically I cannot guarantee any result or outcome,

we have discussed this matter, I have given you the ranges and the potential
outcomes, I have told you what I can do and cannot do,

I can only promise to do my best nothing more than that, when you are ready to accept that
and have confidence in that then I will prepare a contract.

 You will sign it, return it, and then I will do my best to represent you 
and your interests

Promising A Specific Result

The Key concepts above are "that YOU CAN ACCEPT and HAVE CONFIDENCE IN" because if you do not have that with any professional you are doing business with then run away. Seriously, if you cannot accept what they say (promised) with confidence (this means with faith) then you should not engage them.

No lawyer can promise a certain result or a certain outcome. We can offer to do our best and nothing more. I ONLY promise that to my clients, I guarantee that I will care about them and achieve the best results based upon their unique set of circumstances.

 Lawrence (Larry) Newman, D.C., J.D.

Doctor of Chiropractic
Attorney and Counselor at Law

504 North Aurora Street
Ithaca, NY 14850