How A Car Accident Helped Me Understand The Mindset Of Potential Clients
Turning to a lawyer is at some level an emotional decision.
Recently, I got into a car accident with another driver. I won’t go into the details but I’ll just say that no one was hurt, the damage to both of our cars was minor, and I am certain that it was the other driver’s fault.
Immediately after the collision, the other driver and I inspected the damage. We then chatted about what happened while I mentally took notes. I didn’t tell him I was a lawyer for two reasons: he’d either stay quiet (the smarter choice) or start talking using laughable legalese. Since there was no serious damage, I didn’t think it was that big of a deal, nor was it necessary to get the police involved. So we just took photos of the damage, exchanged insurance information, and went on our way.
A few hours later, my insurance company called me. The claims rep said that the other driver is accusing me of hitting him!
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While I was initially shocked at the scumbag’s blatant lie, I also saw this coming. There were no witnesses at the scene, and he had little to lose by lying. The moron probably knows that he is committing insurance fraud but it will be hard to prove, and since the damage was minor, it was probably not worth prosecuting anyway.
I was irate at the possibility that I will be found at fault for an accident I didn’t cause. I wasn’t going to take this lying down. If this idiot was going to play dirty, I had to respond in kind.
I thought about fighting this on my own. I’ll see a doctor, get the car fixed, gather all of the bills, and then put together a demand letter. But I was busy with work, and I didn’t want this taking my time. Even though it is very unlikely that this will go to litigation, I figured that having an attorney representing me would result in a better settlement.
So I called a few colleagues. I told them about the other’s driver’s BS claim. And if they knew of ways that would make the other driver’s life miserable while getting me a better settlement from his insurance company, then I would be more than happy to cooperate.
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All of them said the following:
“It’s not worth fighting. All that matters is that the insurance company doesn’t find you at fault and doesn’t raise your premiums. Just let it go.”
I share this story with you because after my shock and anger subsided, I began to realize that potential clients might have had a similar experience before contacting me.
Turning to a lawyer is at some level an emotional decision. Clients have been hurt or wronged in some way, and the other side won’t admit it or pay for their mistake. On the other hand, they have done something wrong and are fearful of the consequences.
An experienced lawyer will not share the same level of emotion the client does. Once a lawyer has been practicing for a number of years, we begin to see patterns on how cases are resolved. They are not precise, but they are enough to help us give our clients educated guesses on the cost and the likely outcome. And sometimes, the answer is not what the client was expecting, and the client is understandably disappointed.
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The potential client may leave with a negative impression of lawyers and the justice system.
Lawyers are advised to be empathetic to a client’s situation, even if we think their case has no merit or is not likely to result in a big payout. On the other hand, we have to look at a client’s case with a level of objectivity. After all, we don’t want to be overly optimistic about the client’s chances, especially since their case may take years to resolve and may result in substantial attorney’s fees. A bad outcome is a waste of time for everyone, especially for the lawyer if he knew it was coming.
Perhaps the answer is as simple as being understanding and responsive, based on the client’s personality. Some just want a no-nonsense cost-benefit analysis. Others just want to talk to someone who will listen. But if you must give bad news, try to provide a complete explanation and recommend getting second opinions.
I now understand that the last thing a potential client wants to hear from a lawyer is to “just let it go”, even if it is sound advice. I hope it doesn’t take a car accident for you to realize this too.
Earlier: All Litigation Is Emotional
Shannon Achimalbe was a former solo practitioner for five years before deciding to sell out and get back on the corporate ladder. Shannon can be reached by email at [email protected] and via Twitter: @ShanonAchimalbe.
