How to break bad news to a client

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A lawyer asked for advice on how best to break bad news to your client when a case is lost.

Great Question.

The answer is simple. Man up and tell them. Don’t make excuses, don’t cast blame, and don’t parse words. Tell the truth and tell it point blank.

If it was your fault, admit it, and deal with the consequences.

But here’s the thing: if you manage things right, the bad news shouldn’t devastate the client. Disappoint, sadden, yes, but not unreasonably anger. You shouldn’t need to hang a “Gun Free Zone” sign in your office.

What do I mean when I say “if you manage things right”? I mean that from the time you first take the case and throughout its execution, you should manage the client’s expectations about its outcome.

That means not sugar coating the prospects of winning the case or the potential size of the verdict. In fact, you should do the opposite. Under promise. Project low. Tell them there’s a good chance you won’t win at all.

Yes, they might have second thoughts about having you as their attorney and go somewhere else. Let them go. They’ll be nothing but trouble. You want clients who appreciate your honesty and openness, and who appreciate your hard work in the face of big challenges.

Throughout the case, keep them informed. Let them see the ebb and flow, the positives and negatives. Help them to detach emotionally from the outcome. When something is good, remember to show them the other side. That’s why God invented the phrase, “On the other hand. . .”. When it’s bad, do the same thing. You don’t want to be a Debbie or Dennis Downer.

If you’ve done it right, by the time the case comes to a conclusion, they will be mentally prepared for any outcome. Win or lose, big verdict or not so big. They may not be happy, but they will be prepared.

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Comments

  1. Great post David! Just shared with my tribe on Twitter. As you said, very important to always be upfront with clients. I also shared my thoughts and specific examples about how to specifically deliver bad news in the following video. Feel free to share if you think it may bring value to this article and your tribe 🙂 Here you go amigo… http://youtu.be/Jpdx26eKsIc