Being an attorney is a careful balancing act of case work, endless deadlines, client relations, professional networking and, if you are lucky, a steady stream of prospective clients. However, attorneys who do not master this balance could face looming malpractice lawsuits, or worse, career-altering mistakes. The secret to maintaining balance in this delicate career eco-system is mastering the art of saying no.
Saying no to a prospective or current client may seem like the wrong move, but when doing so is in their best interest, saying no might be the most ethical option. This past February, ALAB News reported that attorney Trevor Hicks was disbarred by the Supreme Court of Colorado for misconduct in handling six separate client cases. Among the complaints, Hicks was found to have missed deadlines and failed to protect, update and inform his clients. Regardless of the reasoning behind Hick’s behavior, any overwhelmed, burnt-out attorney could easily find themselves in a similar position that could have been avoided with just one word; no.
Skills to master
There are several ways to present a no as being in the client’s best interests and avoiding potential unforced errors for the attorney as well. Attorney’s looking to better balance their workloads who are faced with turning down work or saying no should:
- Put your business forward: Saying no to a client seeking representation isn’t personal; it’s just business. If an attorney is unable to provide effective counsel, they could ultimately find themselves in a lawsuit. If personal feelings are taken too strongly into consideration, an attorney may convince themselves to make unattainable commitments or take on work that is not appropriate for the legal system. Therefore, a well-considered no may be in both the attorney and the prospective client’s best interests.
- Trust your gut: An attorney’s intuition and ability to read situations is often what differentiates them among their peers. And that intuition is sometimes ignored when novel matters present themselves, even when they originate from potentially troublesome clients. If something seems awry or if they have concerns about fulfilling a commitment, attorneys should listen to that feeling and explore it further.
- Be communicative: Many attorneys keep saying yes to things for feara “no” could impact their reputations and, in many cases, their bottom lines. However, attorneys who are communicative about their bandwidth leave no room for interpretation among clients. Furthermore, a reasonable no to a prospective legal matter might bode well for an attorney’s reputation as a professional who handles cases with care.
- Insurance: Mistakes happen in the legal industry. In the fast-paced environment of private practice, some attorneys may not realize they have taken on too much until they make a big error or miss a deadline. Such situations can impact a client’s case and prompt a malpractice lawsuit. To ensure a law firm is not gravely impacted by a lawsuit, leadership should ensure they are equipped with legal malpractice insurance that can assist with financial losses, reputation management and more. Consider speaking with an insurance professional who is familiar with the legal space to ensure your law firm’s portfolio includes adequate malpractice coverage.
Saying no might be an uncomfortable task for an attorney used to doing it all, but doing so could ultimately save or avoid a major downfall and subsequent consequences. Every attorney should prioritize providing tailored, effective legal counsel and thoughtful attention to every case, which includes saying no when necessary. The next time you are faced with a request for representation and you aren’t 100% certain, take some time to consider if saying no is the most ethical decision.