Successful
CEOs, entrepreneurs and surgeons (among others) can be difficult clients. Their
very success misleads them too often into believing they know everything about
how to be successful in their legal matter. Which usually involves their
wanting you to do something entirely different from what you know to be the
best approach to handling their case, or themselves as witnesses.
The
temptation is to say, “Look, I don’t tell you what to do in your field, don’t
tell me what to do in mine.” That may work with some clients, but it’s good to
remember that many
powerful individuals have an
underlying fear of being exposed as powerless. It does not advance your work
with the client to aggravate that fear.
Instead,
use the “Yes, and” approach, which basically consists of the following:
1.
Don't
wave aside the client's arguments. Treat your client's
analyses and suggestions
with respect.
2.
Then, go on to recommending/doing whatever
you think is best.
For
example, “I appreciate that you want me to call Ms. Jones as a live witness,
and I think our most successful strategy is to use her declaration.”
Notice,
it’s not “I appreciate that you want me to call Ms. Jones as a live witness, but I think our most successful strategy
is to use her declaration,” nor is it “I think our most successful strategy is
to use her declaration instead.” You
make no attempt to defend, rebut or otherwise resist your client’s perspective,
you acknowledge it respectfully, and then go ahead with what you believe is the
best course of action.
