Wednesday, August 5, 2009

Start at the Beginning, Not the End

I gained a great insight from a client today. We had gone to court, worked everything out, and favorably resolved the entire case at the first hearing without having to return! How great is that, I thought. But my client was upset.


I couldn't understand it! I had thoroughly researched her case, knew the law, and went there armed with the facts. Some judges like to hold certain conferences in chambers, and that's what this court did. Opposing counsel and I went in there and duked it out across the desk from the judge, who assessed our positions and helped us find a solution that worked. We managed to resolve, not only my emergency motion, but the entire case.


We went back out to the hallway, where our clients patiently waited for us, and began hammering out minor details of the settlement. I thought my client would be thrilled to be done with court, her first time there, but she wasn't. She called me the next day, very upset, and told me her feelings in detail.


At first I was a bit put off by what I felt was ingratitude for my finding the most cost-effective solution to her problem. Gradually though, it dawned on me that she didn't know I'd been back there with opposing counsel and the judge, fighting on her behalf. All she knew was that I disappeared for 30 minutes then came out, announced the solution, briefly solicited her agreement, and dragged her into court to "put it on the record."


I started to realize that I had taken for granted she knew what was going on behind the scenes. She didn't. She had never been to a court hearing before. She thought she was going for a conference and all of a sudden the case was settled. It was a good settlement, but she hadn't been brought up to speed on the fact that we came for a pre-trial, and resolved the entire case that morning. That was morph speed for her, because she is unfamiliar with the ways of lawyers and courts.


Upon reflection, it reminds me of when I talk to health insurance agents. They start talking about all the different options, plans, coverage, etc. and I phase out. I have no idea what they're talking about. Not because I'm dumb, but because I'm unfamiliar. (Ever tried speaking with a native speaker after taking Spanish 101?) I need them to slow down, put it in language I can understand, and repeat.


Being a communication major in undergraduate school, I'm a bit abashed that I didn't realize this obvious problem. I truly regret that I caused my client undue stress by making assumptions. Luckily, she was outspoken enough to let me know. In fact, the last thing she said was "Maybe that is something you need to remember with your next client." She is one hundred percent right, and I thank her for that. I am sure all future clients will, as well, since this is a lesson I won't forget.

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