Archive for June 3, 2010

War stories are a great way of passing time. It’s a slow day in the office and you end up in a long conversation with a colleague who’s been there and seen that. While mostly entertaining, the stories are also useful for one other thing: they’re a training tool. A veritable what’s what of what not to do.

I won’t bother you with this particular story, but there’s something to share, something that seems so obvious yet is often neglected by lawyers either because they don’t give a damn or don’t have the damn time.

If you’re not ready to plead, neither is your client.

Simple, isn’t it? Yet in the high-volume courts across the country, offers are routinely made and accepted or rejected on initial court dates or before investigation can be started or before you have the time to learn your client’s name and tell him from a hole in the wall.

If you wouldn’t know enough to take the offer, your client doesn’t either.

It’s difficult to do, resisting the tide that builds up, demanding swift disposition. It gets embarrassing, asking for continuance after continuance because the investigation isn’t complete. The caseload keeps piling up, the numbers look astronomical and ugly. I get it. There just isn’t enough time.

But this is non-negotiable, folks. Would you listen to a lawyer who said: “take this offer. I’m sure it’s a good one, but I can’t tell you why because I don’t know enough”? Obviously not. Yet we ask our clients to place their trust in us, to rely on our judgment and our opinion. The least we can do is take the time to make sure that we are in a position to recommend acceptance or rejection of that offer.

I’ve said it on occasion: “Sorry, judge. I need more time. I’m not ready to convey this offer to my client.” If I haven’t been dilatory in my handling of the case, what’s the judge going to say? After all, no one likes a habeas.

More than that, no one likes a client who’s forced into doing something because his lawyer didn’t take the time to make sure it was the right thing to do.

So the next time you’re being pushed into conveying an offer to a client or have a client who’s being rushed into accepting or rejecting, ask yourself: do you want to become a war story of the instructional kind?