Boutique Law Firms, Litigators, Small Law Firms

To Be A Good Litigator, You Must Be A Good Counselor (And Therapist)

Every litigator loves trying his case, deposing a difficult witness, and writing a tough brief. But the best litigators pay attention not only to the content of their clients’ stories, but to the emotions behind them too.

By Stefan Savic  
on
Stefan Savic

Stefan Savic

Every litigator loves trying his case, deposing a difficult witness, and writing a tough brief. But the best litigators pay attention not only to the content of their clients’ stories, but to the emotions behind them too.

Being a litigator, contrary to popular understanding, is not limited to court filings, negotiations, and heated fights with adversaries. An important aspect of being a good litigator and providing your clients the best possible representation—the paramount duty of every lawyer—is just being there for them and making sure that she, he, or it does not fall beneath the weight of the litigation process. Litigation is a stressful process that everyone wishes to avoid, whether as a plaintiff, defendant, third party, or even in conversation. It is therefore important to guide your clients, both individual and corporate, through the process while still being mindful of its effect on their emotions.

Advise clients of the worst case scenario without scaring them too much.

At our firm, we understand that it is our duty as lawyers to keep clients informed about the consequences of their every move. We must let them know about their exposure and potential liability that may result from steps that we advise them to take or, even more, what may happen if they choose not to take those steps. This may often give a client the impression that they are in a lose-lose situation and, thus, can become taxing on their well-being. As litigators, we need to be especially mindful of this fact in light of the already inherent stress that comes with being involved in litigation.

It is good, indeed essential, for the client to know what the worst-case scenario is. Clients also need to know that that is exactly what it is – the worst-case scenario. As lawyers, we often carry case-related stress and anxiety home with us, and other ATL contributors have written great pieces on how to deal with this. But while it is “just” work for us, for the clients it is their lives and sometimes livelihoods that are at stake, regardless of what side of “v.” they are on. If your client receives a letter that appears to be setting them up for some sort of argument, blame shifting, or whatever other liability exposure, you must tell them that. But you may also want to add that it might be more innocent than that, and it is possible that not much will come of it.

As litigators, we’ve seen the ins and outs of how litigation works and the tactics that play into every aspect of it, but clients may have not. We need to be mindful of the emotional toll litigation can take on our clients.

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Be a listener, even if it does not directly affect the outcome of the case.

Lawyers are often the only people that a client can completely open up to about their situation and express their anger, frustration, or fear. We need to listen and let them vent. This is another important aspect of what we do, and one that people outside of this industry tend to forget about.

I’ve spent the past few weeks on the phone with frustrated clients more often than I normally do, as a big complex case is approaching its likely conclusion. While the clients support the way the case is resolving, they still want to share the way the defendants have wronged them and the emotional damage that the defendants caused. At this late stage, hearing my clients out may not impact the outcome of the course of litigation, but it sure helps them. People don’t want to just be listened to, they want to be heard. A 30-minute call with the client retelling the story and what she or he had to go through as a result will help the client get through the day or sleep easier, and it is an important service that we are in a unique position to provide to them.

To give the clients the best representation and to make sure they make it through the finish line in one piece, we need to keep the weight of the litigation process off their shoulders as much as responsibly possible. And a major way of doing that is to be patient with them, listen to what they have to say, and be mindful that they’re people (corporations are people too, remember) in an often unfamiliar and stressful situation.

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Stefan Savic was an attorney at Balestriere Fariello, a trial and investigations law firm which represents clients in all aspects of complex commercial litigation and arbitration from pre-filing investigations to trial and appeals. You can reach firm partner John Balestriere at john.g.balestriere@balestrierefariello.com.

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