Handling the Worried Insecure Client

 

Clients are in a dither these days. Too much uncertainty, too many decisions to make with what often feels like too little information and too much chaos.

No big surprise that their resulting insecurity often spills over into their interactions with you. But here’s the thing. You have umpteen matters on your plate and are in the same place of uncertainty as everyone else. It’s therefore tempting, when your client unloads yet another worry on you to yell, “Get over it! It’s been a hellish year for all of us!” However, since you can’t do that, you are sometimes reduced to the platitudinous “Everything’s fine, trust me.”

Not a good idea. Such a statement will only aggravate the client’s anxiety because if they believed everything was fine, they wouldn’t be anxious in the first place. Instead, bite the bullet, and with as much compassion as you can muster, acknowledge your client’s anxiety. “It’s normal to feel anxious. These are worrisome times.” Let them respond, and then come back with a similar reassuring phrase until you sense that your client’s anxiety is somewhat diminished. At that point, and only at that point, is it useful to say something like “I’ve got things well in hand, and I am confident we will see this matter through successfully.”

More than anything, people need to feel heard. Let your client know that you really do “hear” him, emotionally as well as with your ears. You will have a much improved relationship with that client.

Here's a link to an article on how what a witness wears in court can make a difference. The article appeared in The Legal Examiner. I had the pleasure to contribute to the piece.

https://bit.ly/3ngFFXh

For Deposition/Negotiation Success: Speak to the Jurors

 

Your client is a rational, mature businessperson. You expect them to do well at their upcoming deposition. After all, they have plenty of real-world experience, and of course, you go over the facts of the case with them as well as some deposition basics. You are subsequently horrified when they waffle, or get angry, or are evasive, or volunteer or do any of the multitude of the other communication sins that constitute poor testimony.

But here’s the thing. Whether your witness is a CEO or a homemaker, he or she must be prepared as rigorously for deposition as if they were going to trial. Even though, these days, trial is highly unlikely. Why? Because trial or no trial, depositions are critical to your effectiveness in negotiating the best possible settlement for your client. Yet time after time, lawyers fail to prepare witnesses sufficiently for deposition. The reasons are simple. Too much to do, too little time. 

Here's a tip. Tell your witness that although it may seem like he/she is responding to opposing counsel’s questions, in truth, the witness is addressing the jurors. It doesn’t matter whether or not the matter ever gets to trial, when the witness responds as if he/she is speaking to jurors - being informative rather than defensive, polite and even-tempered despite opposing counsel’s ploys - the quality of testimony improves dramatically, and with that, far greater chances of your (and their!) success.

Help Your Witness Give a Good Deposition – Round 2

Civil jury trials still being out of the question, it seems best to continue focusing on how to help your witnesses testify credibly and competently during depositions – which certainly are ongoing, mostly via Zoom.

Here are some suggestions to tell your witness:

1. Realize you’re in charge

When you’re being bombarded with questions, remember--you’re in charge of your response. No one has a pistol to your head, forcing you to respond a certain way.

2. Show respect at all times, be on your best behavior

Legal proceedings are formal proceedings, even when they seem informal, or even downright strange, such as with Zoom. Everything is still recorded and will be used against you if it serves opposing counsel.

3. Be courteous and polite

To everyone involved: opposing counsel, court reporter, any persons observing the proceedings.

4. Remember where your deposition might be shown

Even though a Zoom deposition is held in a number of locations, as opposed to an attorney’s office with everyone present, portions of it may still be read/viewed at a trial, or during negotiations. Always answer and behave as if Judge and jury were present.

5. Be patient

Real depositions, unlike their TV dramatizations, are often tedious. Understand the seriousness of what is at stake and be patient.