While you may be personally adept at handling losses, communicating the setbacks to your client may be much harder. Delivering bad news is tough. But if you adhere to the following guidelines, you'll make swallowing a bitter pill a bit easier for everyone.
1. Manage expectations in the first place. Early strategy meetings should convey realistic scenarios, including what could go wrong. Talk candidly about the chances of not prevailing as well as worst case scenarios. Summarize the main points in writing, with limited distribution due to the privileged nature of the communication. A client that understands possible outcomes will more easily accept a loss.
2. Determine who is the best person to deliver the news. Even though you may have worked on the case for 18 months, you might not necessarily be the best person to communicate the bad news to a client. A more impartial higher-up might be a better choice.
3. Determine who is the best person to receive the news. If your client is an organization or government entity, be conscious of chain of command. The General Counsel (or the organization’s chief legal officer) should be informed so he or she can brief policy staff or program staff as soon as feasible. But because of attorney client privilege, beware of calling a meeting where everyone and their brother might be invited. Balance need-to-know versus the potential of compromising privilege.
4. Deliver the news promptly and in person if possible. Delivering bad news is not fun, but the more you procrastinate, the worse it gets. You do not want your client to hear the news from a secondary source who may garble or overhype the message. And with high profile cases, you definitely do not want the media to be the source. For those who have far flung clients in different cities or states, where in-person communication is not possible, phone or Skype is preferred over email. An email can’t convey emotion and tone and can be cold and impersonal — not what you want when delivering bad news.
5. Tell it like it is. Do not sugarcoat, use legalese or flowery language in an attempt to diffuse the communication. If your client just lost a case, relay the information in a professional manner using lay person terms that will be easily understood.
6. Have your plan for moving forward in place. Always offer options and solutions, preferably during the same meeting when the bad news is delivered. Prior to meeting with your client, it's essential that you engage in intelligent analysis and develop strategies for a positive next step. Keep your client focused on the future and try to give at least two options so they feel empowered to make a decision that works for them.
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