Setting Expectations
When a potential client calls a lawyer for the first time, there is a lot going on. The client is assessing the lawyer. The lawyer is assessing the client. The lawyer is assessing the case. For better or for worse, the tone of that very first phone call will set the expectations for the entire attorney-client relationship going forward. In fact, many times when a case is passed from one attorney to another, the biggest difficulty is the tone between the new lawyer and the client. It’s not that the new lawyer is doing anything substantively different from the old lawyer, they just might have a different tone when communicating with the client, which can be off-putting if the client is used to and prefers the communication style of the original lawyer.
I have found the old adage “you finish how you start” to be very true in life. It is especially true when it comes to client communications. As a lawyer, I find it of paramount importance to be frank, clear, and honest up front. Why is it so important? Because 99% of cases get to a point where the client has to make a tough decision about settlement. My judgment is their most valuable tool when it comes to making that decision. If they can’t trust that my advice is meant for their best interest, their ability to make the right call is severely hampered. And if I haven’t set a firm tone of forthright honesty up front, the client will never be able to trust me when I make settlement recommendations months (or even years) down the road.
My goal, always, is to educate my clients on the law and their case, so they can make the best decision for themselves and their families. I tell them “The strategy decisions are up to me. The end game (settlement) decision is up to you. I will tell you what I think of a settlement and whether I believe you should accept it. I might even tell you that you’re being foolish for taking it or turning it down—I wouldn’t be doing my job otherwise. But the decision is ultimately yours and yours alone.”
With prospective clients, I also try to be frank with them if I believe their case is impossible to win or has no monetary value. Some lawyers may feel bad about saying such things, so instead they’ll give an excuse that they’re simply too busy to take on the case, but I don’t believe that serves the prospective client at all. If a person has no viable case and is wasting their time, I think they deserve to hear the hard truth so they can move on. So that is what I try to give.
When it comes to predicting the outcome of a case, nobody has a crystal ball. I can’t promise how a judge or jury is going to rule, but I can promise you my honest advice from the beginning of our relationship to the bitter end. Brutal honesty is not always easy in the short-term, but in the long-term, it pays off for both attorney and client.
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