This is a difficult task for any lawyer. The reality is there are many egos involved and most Corporate, Business and Entrepreneurial Clients are used to always trusting their judgment. However, sometimes the Clients must be provided an explanation of the best legal strategy and must follow your recommendation. It is an extremely hard thing for a professional adviser to do, but it must be done.
Sometimes the successful clients get so used to no one questioning their judgment that they forget the value of criticism and how to make sure that they are receptive of input from others. It is not something that is easy to do when your clients are going to be busy, brush you off, or not take the time to understand the problem. Therefore, as an adviser and counselor you must require their attention on key issues and important matters.
You must insist on having your calls and voicemails returned to allow you to discuss matters and protect the clients’ best interests without having to document everything in an email. However, one thing all malpractice carriers will tell you as that you follow up that phone call with an email that confirm the essential points of the recommendation. You cannot allow a single client to jeopardize your professional license or your firm.
Moreover, it is extremely important that you do not make arguments or claims in a lawsuit that are not supported and run afoul of Rule 137 and Rule 11. It is not, ok to allow another attorney that is not the Lead Attorney to prevent you from having direct client contact. If that attorney is not the lead attorney and is not signing on to the Complaint, Answer, Motion or related matters, then that attorney will not bear the brunt of a Rule 11 or Rule 137 motion.
Also, Clients will routinely request that you make any arguments that they want, but sometimes–they may expose you, your other clients, your professional reputation, your future business, and your reputation with the local bar and judges or image to be hurt or tarnished. This is not something that you can measure and failure to comply with the IL Rules of Civil Procedure and Federal Rules of Civil Procedure will cause a litigator to become a problem for his client in the long run.
Allowing a client to do this may create the expectation that the clients’ business judgement will always take precedence over the Federal or Illinois Rules of Civil Procedure. More importantly, the local bar, the local courts or judges’ application of the Federal or Illinois Rules of Civil Procedure. This is not an easy or enviable task, but sometimes it is something that requires a litigator to disappoint their clients or partners. It can be tricky managing these personal relationships and egos, but that is the nature of litigation. Eventually, your clients or partners have to at some point listen to the judge even if, they are not willing to listen to you.
For more go to: www.chicagobusinesscounsel.com, www.vrplawgroup.com, www.bipeblawg.com, www.eebrunchclub.com