Litigation is life. There are great highs—and lows. There are unexpected twists and turns. Winning is glorious. Only the most cold-hearted lawyer would claim not to be affected by a loss. Most litigation lawyers will provide a client with a sound strategy which includes a realistic assessment of the prospects of success. But ultimately, if things go to a hearing, you and your clients are in the hands of someone over whom you have some influence, but do not control. And so, sometimes, Bad Things Happen.
Solicitors I work with, are, I think relieved to hear this kind of speech from me at the beginning of a new case. They care for their clients and they want them to be realistic. A client must also be responsible for managing his or her own requirements by asking questions. It is the responsibility of the lawyers to make the client feel comfortable asking any questions they wish to, including hard ones. Here is the best question a client can ask: what is your track record?
Here is the best answer: the honest one. By all means share your success stories. But also explain how you reacted when things did not go to plan. What did you do when the case went against your client, and they were upset. Did you become defensive or did you see it as an opportunity to learn? You may given good advice to the client about what they could do next, including appeal. That’s a great thing to mention in a well-rounded discussion. Lay it out. There is great strength in being realistic about your own work, including your own limitations. All the money in the world could not pay for publicity which would duplicate the effect of that candour.
Here is how I have explained my own track record. I have included the good bits—and I also invite a discussion about where things have not gone to plan.
Steve K.