I’ve been practising law for some time now and one of the things that I have learnt, which was incredibly difficult to learn, is to stand one’s ground. I can now firmly stand my ground with YOU (the client) and the senior lawyers I work under. Why do you care? Well, simply because my confidence as a lawyer saves you money (yup, you know that paper we all want…). There are two scenarios which have played a recurring role in my career to date and these scenarios have taught me to stand my ground. Let’s take a look at them and then I’ll tell you how you can help your lawyers get to the level of confidence I have now (smug face) which should save you money.
Scenario 1 – A client desperately wants to do something that cannot be done but a dedicated lawyer, knowing that it cannot be done, still struggles to find a way. The client wants and the lawyer strives to give BUT it just isn’t possible. This is a rubbish scenario for everyone because the lawyer looks for the source of a myth whilst the client pays unnecessary costs to gain nothing.
Scenario 2 – A junior lawyer (they do all the ground work by the way) doesn’t think that a certain course should be taken but unfortunately the senior lawyer, eager to please the client and incur more fees (money, money money), doesn’t listen. A longer more difficult route is taken. As in scenario 1, the client pays unnecessary costs but to gain something it could have gained more easily and more cheaply.
I used to hate these situations. A junior lawyer pushing back against an experienced, Tom Ford wearing senior lawyer or a great lawyer too client whipped to be frank and say “sorry, this won’t work”. The disappointing feeling I experienced in these scenarios taught me to stand my ground in my profession. I will never lead you on a wild goose chase; if it can’t be done or it can only be done at a cost detrimental to your business, I will tell you and that will be it. If I’m working for a senior lawyer who is putting pressure on me to do A or B when I think C is best, I will throw all my toys out of my pram to get C, only giving up when I have been absolutely convinced that A or B is better. Sounds good right? Here’s how you can help to make sure that your legal team adopts this cost saving mentality…Ask to hear the best and the worst from your legal team AND reassure them that you’re READY to hear the worst. Also, direct your emails at the WHOLE legal team, not just the “front of house” senior lawyers, but the juniors too (those silent names that are cc’ed into every email to make sure that they pick up the work). In doing this you let the senior lawyers know that you value EVERYONE in the team and that at any given time you may ask for the junior’s opinion.
Deploy these tips and see the difference in your service. You should hopefully spend less time chasing dead ends and more time progressing to where you want to be.
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