Guest post by Anita Vadgama [1], a partner at London law firm didlaw
Vadgama: Reminding clients about what is at stake will usually bring them into line
It is not uncommon in legal practice to be asked by a client to do something that is going to adversely affect the prospects of success of their case or the likelihood that you can negotiate the best possible settlement for them, and sometimes something that will professionally embarrass you because you cannot reasonably stand behind their position.
Despite engaging a lawyer, some clients want to take the lead and on occasion you meet a client who thinks they know better than you. This is particularly so if you are at the start of your legal career and in their eyes do not have the clout of a partner and enough legal or even worldly experience.
It can also sadly be the case that you are judged for your gender or your experience, with a male or older client finding it hard to accept the advice of a (young) female lawyer. I clearly recall a consultant anaesthesiologist saying I did not look old enough to be a senior associate, even though I was in my 30s.
How should you deal with this in practice when you have to follow the instructions of your client but at the same time you are obliged to act in their best interests and as an officer of the court?
It’s never easy to push back against any request from a client, but you must always remember that they have come to you for legal advice and representation because they could not resolve it by themselves.
It is important to start the relationship off on the right foot. Give clear pragmatic advice on the merits and value of the claim from the outset. If you don’t, then it is much harder to navigate your client to a successful outcome because you have not been clear about the end goal from the start.
Being on the same page as your client from the beginning sets up trust and confidence, which is the cornerstone for any successful solicitor-client relationship. Be confident and believe in yourself – you do know more about the area of law then a lay client and this foundation will mean you can push back on your client, when it is necessary.
I have found that, when I can explain an issue clearly and rationally, most clients will back off and defer to your better judgement.
There are some common scenarios that come up often, though. One is where the client wants us to use threats of media exposure when negotiating with the opponent.
Clients do not understand that generally the press does not give a hoot about what is going on in the client’s particular case. However, making such a threat, especially because more often than not it is a hollow one, can make the substance of the case look weak.
You have to be firm with the client, again not easy and often likely to cause pushback, but if you tell them that by doing this it will adversely affect the outcome of their case and lead to a lower settlement, they may just take your advice.
It is your job to explain to them how litigation works, what the best negotiating strategies are and how not to undermine their own case. I always tell my clients that we need to focus on the legal facts of the case and not get sidetracked into anything that will detract from the case itself.
Sometimes you can defeat an unfounded request from a client by reminding them that, if you are in formal litigation, you have duties to the court as well as to them, such as not to mislead.
So, for example, when a client asks you to massively inflate the value of their claim, you can easily tell them that not only will the court take a dim view of this, which could impact their outcome, but also you are not permitted to wilfully mislead the court, you literally cannot do this, end of, as the schedule of loss is a pleading, after all.
Another area where issues like this arise is disclosure. It is your duty as the solicitor to review all of the documents that are relevant to your client’s case and this sometimes means disclosing to the opposing party those that are adverse to your client’s case.
Again, you have no choice about this and can hide behind your professional obligations here but disclosure often presents challenges because it is your job to determine what should and should not be disclosed. At times your client may disagree.
You have no choice but to be firm and to remind them that you have an obligation to the court to follow the rules on disclosure and to remind them also that their credibility could also be at stake if they are not truthful.
Usually reminding clients about what is at stake will bring them into line. If they are simply not prepared to take your advice, then escalate it to a partner. If a client continues not to listen, then obtaining advice from counsel can help calm things down.
As you start out on your legal career, you will be learning client management skills every day. You will also make mistakes and on occasion may find that someone dis-instructs you. You cannot let this undermine your confidence. It has happened to me and it’s sometimes hard not to take this personally, but it is often the right decision for both you and them.
Any time you are dealing with people, there is always a risk you will not get along with every person you are in contact with – professionally and personally. The same is true for clients. As you gain experience, you will learn that the same approach does not work for all clients and be able to adapt and when appropriate say no.
Something that worked well with one client may go down like a lead balloon with another. A lot of it is trial and error so don’t let those who are more advanced in their careers and client skills persuade you otherwise. They will have made mistakes and sometimes this is the only way to hone your skills.
The good thing about falling flat on your face (once you have dusted yourself off and got back off your knees!) is that you won’t make the same mistake again and you will learn something.
Steven Bartlett (of Diary of a CEO fame) says that, if you are not making mistakes, you are not trying hard enough. Remember this, stick to your guns and remember that nobody gets to treat you like a doormat, however much they are paying for the pleasure!