LESSONS LEARNED: REFLECTIONS FROM A RETIRING LAWYER By: John Eldridge
CANDOR It is human nature to avoid difficult conversations, and it is no different for attorneys. Thus, it is normal to want to avoid phone calls or meetings that have “uncomfortable” written all over them. We know that contact is going to have to be made but procrastination takes over. Instead of, “Never put off today what can be done today,” it is, “Never do today what I can put off until tomorrow!” But let’s be candid. Avoiding the difficult phone call or troublesome meeting with that other lawyer only hurts your client. To provide effective representation, it is imperative that you have an open channel of communication with the lawyer on the other side. That means making a phone call, even if you don’t want to. Another place that lawyers avoid difficult conversations is with staff. You may need to request a change of behavior or a change of office procedure that is resisted because, “That’s just the way we’ve always done it.” Terminating a staff member is the worst, but once that person who was disruptive or did not fit is gone, and you have found a replacement, you realize giving him or her the pink slip should have been accomplished long ago. Certainly, another area of avoidance is when the attorney puts off that difficult conversation with a client. It may be some bad news about your client’s case or that you have done something, or neglected to do something, that hurts your client’s case. And especially, we avoid telling
our clients things that they don’t really want to hear. My mentor, Bob Ritchie, once said, “You can tell anyone anything, if you just say it right.” How true that is! Other lawyers and your clients need you to be honest and forthright. Sometimes it is difficult, but honesty is the best policy. Another place that attorneys have a particularly difficult time being candid is when we make a mistake. No lawyer wants to have to reveal she messed up. The natural inclination is for the lawyer to bluster on through and not admit to your client or the other attorney or even to herself that she made a mistake. However, think about it: It is so utterly disarming when someone calls you up and says, “I’m sorry, I messed up.” An honest apology will go a long way. And yes, whether you can accept responsibility for your errors will enhance your reputation. It may be that on a stressful day you were curt with a clerk, mean to a fellow lawyer, or God forbid, went off on a judge. The best course of action is to come with hat in hand and say: “I apologize; it was my fault; I messed up,” without trying to defend the mistake. A sincere apology never tries to explain, limit, or defend an action or inaction. So, be sincere. One definition of candor is “sharp honesty in expressing oneself.” And that is what we are talking about here. Sharp honesty is one of those traits that all good lawyers practice day in and day out. Candor is the way to go!
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DICTA
March 2022
