Client’s Misunderstanding of Litigation – Part 1

2solo person43e39040

What is the Client’s Perception?

Litigation is often the Focus in Law School

Many students graduate from law school without significant experience in the courtroom. And many of their classes have been taught using the Socratic method using appellate cases for discussions to understand the analysis and the logic employed by the justices to support their final opinions.

So, though out law school, they have engaged in animated discussions in class. Upon graduation, they feel the urge to demonstrate their legal prowess. And, in my experience, many of them tend to be geared toward litigation, rather than mediation, as they engage other lawyers in the resolution of a client’s legal matter. And many clients feel that litigation is most likely to produce the outcome they desire.

But Litigation is Risky

The reality is that anytime you litigate a matter and depend on a judge or jury to determine the outcome, it is a crap shoot! I say this because on any given day a judge can rule against you. You can make a record for an appeal later. But, if your client doesn’t have the means to pursue an appeal, it may not be the law, but it is the law to you!

Juries fill out questionnaires and you hope to pick jurors based upon that information coupled with your voir dire. But the truth is that there is far more information about their lives that you cannot access buried deep in their conscious or subconscious. This can affect the outcome of the case in ways that you never anticipated. And this increases the risk that the outcome may not be the one you or your client anticipated.

Set Realistic Expectations!

As you counsel your client, you must keep this in mind and not guarantee results. Although that would seem fairly obvious, what isn’t so obvious is that you may create false impressions in your client’s mind setting the stage for unrealistic expectations regarding their outcome. This is one of the major reasons, in my opinion, why lawyers have such a poor reputation among so many in the general population. It is easy to give the impression that a client’s cause of action has greater merit that is justified. As you are trying to impress your client with your abilities, they may put more weight on the possible outcome than they should.

Lesson Number 1, under promise and over deliver. This means that you set realistic expectations when counseling a client and caution them that there cannot be guarantees when there are variables – and in litigation, there are always variables.

Loose the “Deadwood” before it becomes a drain on your resources.

You may feel that if you don’t instill confidence, the client will go elsewhere. But you are better served losing a potential client who is controlling and demanding than to make their problem your problem. I have heard it said that, “20% of your clients will take 80% of your time”and “the ones who say it is about the “principle” are often the ones who won’t pay when the “principal” comes due”. Many of the solos I have interviewed tell me that it often takes years to finally learn to be discriminating and turn away potential clients who ultimately turn out to be the most demanding and most difficult when it comes to collections.

But, in reality, mediation offers many clients the best recourse to solve their problems – they just don’t understand this. See “Part 2” of this series coming tomorrow to understand why mediation may be the best path to satisfied clients.

Posted in For Law Students, For Recent Graduates.

22 Comments

  1. Nice post. I was checking constantly this blog and I’m impressed!
    Very useful information specifically the last part 🙂 I care for
    such information much. I was looking for this
    certain information for a very long time. Thank you and good luck.

  2. Hi there! This post could not be written any better!
    Going through this article reminds me of my previous roommate!
    He constantly kept preaching about this. I will send this information to him.

    Pretty sure he will have a very good read. Thanks for sharing!

  3. Hey! I know this is somewhat off topic but I was wondering if you knew where I could find a captcha plugin for
    my comment form? I’m using the same blog platform as yours and I’m having trouble finding one?
    Thanks a lot!

  4. I think this is among the most vital information for
    me. And i’m glad reading your article. But should remark on some general things, The
    web site style is great, the articles is
    really nice : D. Good job, cheers

  5. Nice post. I learn something new and challenging
    on websites I stumbleupon every day. It’s always useful to read through content from other authors
    and practice a little something from other web sites.

  6. Wonderful goods from you, man. I have remember your stuff
    prior to and you’re simply too fantastic. I actually like what you’ve got right here, really like what you’re saying and the way by which you say it.
    You make it enjoyable and you continue to care for to keep it
    sensible. I can not wait to read far more from you. This is really a terrific web site.

  7. I’m really impressed along with your writing abilities as well as with the format
    to your weblog. Is that this a paid subject or did you customize it your self?
    Anyway keep up the excellent quality writing, it is rare to peer
    a nice weblog like this one today..

  8. What i do not understood is in fact how you are not really much more
    well-appreciated than you might be right now. You are so intelligent.
    You realize thus considerably when it comes to this matter, made me for my part imagine it from numerous numerous angles.
    Its like women and men aren’t interested unless it is one thing to do
    with Girl gaga! Your own stuffs excellent. At all times care for it up!

  9. I do accept as true with all the ideas you’ve introduced in your
    post. They are really convincing and can definitely work. Still, the posts are very brief for
    starters. Could you please lengthen them a little from next time?
    Thanks for the post.

  10. Thank you for another informative web site. The place else may
    I am getting that type of info written in such a perfect means?

    I’ve a venture that I’m just now running on, and I’ve been on the glance out for such information.

  11. Just wish to say your article is as surprising.
    The clearness in your post is simply excellent and i
    can assume you are an expert on this subject. Fine with
    your permission allow me to grab your RSS feed to keep up to date with forthcoming post.
    Thanks a million and please carry on the rewarding work.

  12. My brother recommended I may like this website. He used to be entirely right.
    This submit truly made my day. You cann’t
    imagine just how much time I had spent for this info!

    Thank you!

Comments are closed.