There is no magical process in selecting an attorney. I could write a guide on how to select an attorney but just as trial law is an art so is this process. If you are not going to represent yourself in court then the most important decision you will make is selecting who will be your counsel. A recent case underscores this importance.
Gregory L Kennedy owned property in the Town of Gaston, Indiana that was not maintained in compliance with the town's weed law and also contained an unsafe building. Apparently Kennedy did not comply with remediation requests by the town so the town sued him in the superior court of the county. A week later Kennedy transferred the property through quit claim deed to avoid culpability.
This story goes on and there are some interesting points made about jurisdiction but that is not my purpose in bringing Kennedy v Town of Gaston to your attention.
There is a section in the decision by the Court of Appeals that underscores what I often tell clients and why it is of vital importance to have assistance in selecting a lawyer to represent you. Throughout the process Kennedy had a revolving door representation. One of his attorneys came to an agreement with the Town which Kennedy was then bound by. Ultimately, Kennedy was found in contempt of court and sanctioned. He then appealed.
The relevant part of the opinion follows:
During the recess, counsel for the respective parties signed a handwritten minute entry stating “Evidence heard + concluded, [Kennedy], agrees to remove + demolish buildings from property w/in 30 days.” (Appellant’s App. p. 92). The entry was prepared and signed by the Town’s counsel and signed by Kennedy’s counsel. The trial court’s Order of August 28, 2008 reflects the minute entry by concluding “[Kennedy] shall have 30 days from August 15, 2008 within which to remove and demolish said buildings and debris located at 104 S. Sycamore Street, Gaston, Indiana[.]” (Appellant’s App p. 93). Kennedy’s counsel later withdrew her representation.
On September 17, 2008, Kennedy’s new counsel filed a Verified Motion to Correct Error claiming that (1) an administrative hearing should have preceded the commencement of any civil action under the Unsafe Building Law and (2) while Kennedy’s first counsel signed an Entry indicating that Kennedy had agreed to remove and demolish buildings from the property, at no time did Kennedy indicate to anyone he would agree to this.
Unfortunately for Kennedy he did agree to the stipulations contained in the minute entry. Kennedy's attorney was acting in his behalf pursuant to a representation agreement which became part of the court process when Kennedy's attorney filed his appearance.
It's not much different than designating someone as your health care representative should you become unable to make decisions regarding your own health care. The time to second-guess you representative selection is not when you wake up without an arm you would have wanted saved regardless of the ability to use.
So I implore you to make your selection of an attorney wisely and discuss all possible outcomes before those opportunities present themselves and you are bound to them without knowing it.
I have seen far too many people spend tens of thousand of dollars and get adverse results in their child custody battles because I think they employed a telephone book selection process in choosing their attorney. If it is not me then make sure it is someone who is familiar with your court, your wishes and the complexities, if any, of your case before choosing an attorney to represent you and, in a manner, be you before the court.
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