A hearing is coming up, and you are nervous. That is understandable.
So you ask your lawyer: “Are we prepared for the hearing?”
Before you ask that question, consider what it sounds like from the other side of the attorney-client relationship.
It can sound like: “Have you actually done your job?”
Or: “Should I be worried that you have not prepared?”
You may not mean anything remotely like that (you may mean exactly that—I’m not stupid, but I digress). You may simply be anxious and looking for reassurance. But “Are we prepared?” is usually not a particularly useful question anyway.
Prepared for what?
Prepared to explain what we are asking the court to do?
Prepared to identify the evidence supporting it?
Prepared for the arguments the other side is likely to make?
Prepared for the judge to ask a question nobody anticipated?
That is all part of being a lawyer. If you don’t believe your lawyer is prepared, these are fair questions to ask, but if you are asking because you can’t think of anything better to say or want to “light a fire” under your lawyer, all it causes is irritation and resentment.
Prepared to guarantee that the hearing will go the way you want? No competent lawyer can honestly promise that.
The better questions are more specific:
“What are the issues the court is actually deciding at this hearing?”
“What do you think the other side’s strongest argument is?”
“What evidence are we relying on?”
“Is there anything you still need from me?”
“What should I expect to happen?”
“Is there anything about our position that concerns you?”
Those questions produce useful information.
And to be clear, you absolutely have the right to know whether your lawyer is ready. You are paying for representation. You are entitled to understand what your lawyer intends to do and whether anything still needs attention.
But if what you really mean is, “I am worried about this hearing and want to understand where things stand,” ask that. That starts a useful conversation. “Are we prepared?” often does not. It can unintentionally sound like, “Have you remembered that I have a hearing coming up?”
Utah Family Law, LC | divorceutah.com | 801-466-9277