Before I went into practice, every attorney I talked to said that I needed to be prepared to give more than legal advice to my clients. Attorneys are considered by their clients to be counselors, priests, minor-miracle workers, etc. Fine, I thought, I feel as if I'm a pretty good friend to have, and that's probably what most people need, so I'm set. Well, was I fucking off, to say the least.
Clients do not just need lawyers, but grief therapists, mental health professionals, financial analysts, and parents, just to name a few. They need someone who they can ask a question about anything and get an answer back that they not only want to hear, but can actually implement. Obviously, a single attorney is not qualified to even begin all of these tasks. (I find myself struggling to answer all of their legal questions.) But this fact actually matters little to those who come to us. As it should.
But it puts lawyers in an extremely difficult position. Often the demands made upon them by clients cut into the time they would be spending researching and writing, the hallmarks of any good, compentent lawyer. Not only does a lawyer feel the stress associated by having to fix their clients' problems, but it is compounded when they realize that after they are done solving one dilemma, they must attend to the routine, everyday business an attorney is expected do.
What makes this all the more frustrating are situations like what happened with me today. A client wanted to meet. It was unscheduled, but necessary because of some recent events in which she had been involved. I had other work that had to get done, but penciled her in for the afternoon. We ended up meeting, and I gave her advice on what she needed to do with an aspect of her life. I didn't feel as if I was being paternalistic, but simply trying to convey that her behavior not only threatened her case, but was endangering the relationships she has with her children. Looking back on it, it may have seemed forward, but because of what she had done, I felt it was called for.
To make a long story short, there is now a probability we might lose her. I made a judgment call based on what I felt was in her best interests as a person and not simply in the litigation. Apparently, though, I gave her an answer that not only could she not implement, she didn't even want to begin to hear. My partners backed my decision to confront even before all of this occurred, but I was still left feeling hurt.
I stepped in a role to which I am often called. And rather than doing the best thing for the case and making her happy, I did the best thing for her self. It goes back to something I wrote in the last post: the law is a business now. But what I left out is not only do lawyers perpetuate it, but so do a lot clients. The best-intentioned client can say money doesn't matter, but when those dollars become a greater reality, it's a whole different ballgame. All of a sudden their case becomes a mortgage payment, a new car, or some better clothes. They no longer really want that advisor, but a "yes" man. And when that happens, doing the right thing can become a whole lot harder.
The Party of No
14 years ago
1 comment:
Sarge, the fact that you even think about this as an issue means you're a decent human being. It's part of the problem of being in any advisory or supervisory capacity.
The best you can do is view it from the most professional viewpoint available to you. As much as people may come to you for advice, what they really need (and what you are qualified to provide) is legal advice. If other advice is needed outside your professional capacity, you can either a) ask if they want your person, unsolicited, non-professional opinion, or b) choose to remain silent and continue to give legal advice that pertains to their situation.
All that being said, honesty is the best policy; certainly getting better at being able to tell what people are able to implement will make you better at giving advice.
No-one will ever want to hear what they don't agree with. Don't worry about that too much.
Sometimes people can't take it, and sometimes they'll ditch your practice. And that's fine. They're probably not the kind of longterm clients you want anyway. At least you'll still have your self-respect.
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