You can help keep legal costs down

A few weeks ago I got a call from a client with whom I had spent a good deal of time explaining the benefits and disadvantages of being named the executor of her mother's will.

During the call, she told me that her husband was considering accepting the responsibility of executorship so would I be kind enough to re-explain what was involved to him? I told her that I would be happy to do so, but that since attorneys charge by the hour, she might want to explain it herself.

"Oh!" she replied, "I didn't know there would be an extra charge for that!"

I can understand why she would think lawyers wouldn't mind repeating the same task for free. This client probably only expects to get paid at her job the first time she performs a routine task.

After that call, it occurred to me that I always write articles for DVM Newsmagazine which are designed to give readers cues as to when they need legal guidance. I never have written anything to assist veterinarians in presenting their problems to their attorneys in such a way as to maximize the ability of counsel to help and also to keep the cost of the legal work as reasonable as possible. This column and the one to follow will remedy that oversight.

Just the facts

I would have to say that when circumstances call for a visit or phone consultation with an attorney, a veterinarian should keep in mind the experiences he or she has had with clients who come in for office calls.

For example, when Mrs. Fluffy brings her cat in for a vaccination, don't you just adore hearing about how cute it is when her baby sits on the window sill and tries to catch birds passing by outside?

And isn't it fascinating when she uses that time to bring you up-to-date on her other pets and how smart they are and how well they get along with the new grandchild?

When your schedule is full, you may not find all these diversions so enthralling. At those busy times, you are more likely to shudder because you know this call will run 25 minutes instead of the 15 you had scheduled.

Imagine, however, if you could simply add on an extra $2-$3 per minute for any time Mrs. Fluffy wastes over her 15-minute appointment slot. Would you discourage her from sharing her anecdotes? Would you shy away from her sharing tales of her pet's winsome ways? Let's just say that you might be less inclined to rush Mrs. Fluffy out the door.

Well, that's how it works at the lawyer's office. Except for certain instances - like when you are considering suing another person or company for personal injury (where the lawyer receives a percentage of any award or settlement) or where you are availing yourself of an advertised price (such as "uncontested divorce $495") - attorneys usually bill by the tenth of any hour (six minutes). Therefore, you probably want to purchase as small an amount of that time as necessary to get the job done.

Long-winded

Here is an example: Last year, a woman came to see me to review the merits of a case of alleged malpractice by a veterinary teaching hospital. I explained over the phone that my fees would be based on a set hourly rate and that to be as efficient as possible, she should bring her medical records with her.

After the client arrived for her consultation, she began a long, rambling tale concerning the demise of her pet. I had to ask her politely to return to discussing the medical case no less than a dozen times.

She wanted to show me pictures of her puppy playing in the yard with her, of the little Santa Claus outfit he used to wear (before his death at the teaching hospital), and of all the littermates and their owners.

She digressed into how all of her friends have complained to her about how badly they have been treated at the veterinary school clinic and how many horror stories she had heard from others.

As we all know from watching Perry Mason, the degree of cuteness of the victim and the opinions of friends and neighbors have little relevance in establishing whether malpractice has been committed. They do, however, generate billable hours at an attorney's office if the case is not being handled on a contingency basis.

The upshot: This client's initial consultation ended up costing her twice as much as it needed to. If I had not constantly tried to get her back on point, we'd still be there.

The fact is lawyers won't refuse to hear the emotional side of your case.

Money well spent

As all good physicians and veterinarians know, it is important to refer a case when the problem or treatment involved is outside one's area of expertise or involves special knowledge of a specific topic. Lawyers are aware of this as well, and during my years as a business person and veterinary practice owner I have been placed in a position where I had to pay for expert legal advice in a number of specific areas.

I never regret a penny of the money spent obtaining that advice.

On the other hand, I have always found that good organization and orderly presentation of facts and issues to my lawyer have always saved me substantial time and money.

Next month, I will identify several specific ways in which veterinarians can keep their legal fees under control and assist their attorneys in minimizing expenses for them.

Shocking as it may seem, most lawyers want to charge a reasonable fee for their services. As a client, you can help them do that.