And How Does That Make You Feel?

As humans, our emotions set us apart from other creatures.

As lawyers, our clients’ emotions are a big pain in the ass.

OK, I guess this is why I’m a lawyer and not a therapist. But clients often base their decisions on emotional factors, and this generally leads to bad legal consequences. So in order to be a good lawyer I have to honor the client’s feelings and help him/her make legally prudent decisions notwithstanding emotions that may be powerfully conflicting.

Recently, one client asked me to draft a recording industry contract for use with “friends” who wanted to promote his career. He knew that doing business with these people was a bad idea. It would have been obvious to almost anyone. I told him so. Yet he so wanted the situation to be good and workable that he couldn’t say, “No.” He told me repeatedly that his guts said it was a bad idea, but “they’re being so nice” and “I feel like I owe them.”

The correct decision was obvious: don’t do business with these people. Yet the emotional factor was so dominant that it took months for this client finally to say, “No.”

I used the following analogy with this client. My son is learning to drive. Recently we were out for a practice drive and he was waiting to turn left at an intersection. He hasn’t yet learned to estimate the speed of other vehicles and the time it is likely to take before they reach you. He asked me if he should make the turn. I told him I could not answer, because it would always be his decision. So he asked, “Well, how do I know?” I told him that if he had doubts, the answer was to wait. The likelihood of an accident would be far less than if he made the move knowing in his guts there might be a problem.

Clients often come in wanting to sue someone, just because they’re angry. Usually there’s no legal basis for a lawsuit, but they want to vent. At that point, again, it is my job to help them separate their feelings from their legal options.

Another emotion that colors my world? Fear. I can’t tell you how many times a client will ask me to draft a contract for a complex business transaction, and then instruct me to “keep it short” so the other side doesn’t get scared off. Really? Which critical protection do you want to leave out? If you want to read more on my views about “keeping it short,” I’ve posted an essay on my website.

As you navigate the legal issues of your life and business, know that a good lawyer will respect your feelings and honor them – and then advise you to do something that may contradict them completely. You’ll find that very difficult. 

But give it a try, OK?

Copyright 2010 Elizabeth T Russell. Blog content is not legal advice.