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I hate being an attorney. How do I get out.
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I think our job is to provide advice, explain the law and what might happen in court and then step back. I've had plenty of clients settle for less to be done and I think that's fine. They have to live with these decisions forever and I'm not going to push them to litigate when a settlement is possible because no one wins in domestic litigation.
Give your advice but it’s ultimately up to the client - be sure to have them sign an acknowledgment confirming you gave the advice and their instructions are contrary to your strong recommendations etc.
Absolutely agree with this response. In situations where I believe they are taking a stance they may at some point regret, I always do the CYA letter for them to sign and acknowledge what they are doing. Sometimes they change their mind when they are reading back the scenarios.
Had this issue happen on Friday. I had was more than half way through a complicated post divorce settlement when my client backed out of all negotiations, and insisted that we move forward with a hearing we have for next week. I emailed her (so there’s a written record), explained why I believe negotiations are in her best interest. Then, I had a phone conference with her to further explain. (Did a phone conference instead of an in person meeting bc of covid). Then, I sent a separate confirming email summarizing the advice I gave her in the phone conference. When client replied confirming that she understood, I had that email saved to the file, and I put a note in my related billing entities that we were moving forward with litigation, per the clients instructions, and against the advice of counsel.
Bottom line is, give your advice, and document it (and your clients refusal to follow it) in writing. Then, you follow through with the clients objectives. Win or lose, they knew risk going in.
Client’s wishes are paramount. You can’t fully know why they’re leaving things on the table—even as their attorney, you’re not privy to everything leading to that decision.
Document it back to them in writing for your file. You don’t want your client later claiming that this was your fault.
Divorce really isn’t about winning. It’s about transitioning to a new hopefully happier life. These cases are generally not to be won.
I have practiced for several years and at the end of the day, the client has the right to make whatever decision he or she wishes. Your job is to advise and educate them about the ramifications of their decision. If they do not heed your advice, then you advocate for them based on what they want and write a CYA letter.
People have their own motivations in a divorce. Sometimes when a client has agreed to something we perceive as just trying to be done is that they really have thought about it and decided that money can be earned, things are just things, but there is no price they can put on the ability to move themselves from a bad situation and move on to a better life.
I give the advice but always remind them that it is ultimately up to them. If I'm really against their particular choice or it's truly against their interests, I make sure to put my advice in writing and list out the pros and cons of their desired action.
How hard I push depends on the relationship with that particular client. Some are more open than others. But ultimately, I lay off if I feel like it's truly what they want to do.
Thanks everyone, all the advice is in line with what I was thinking it’s nice to hear that others face this issue as well
For years my business card always stated “Attorney and Counselor at Law”. In other words we wear two hats. One as the attorney to advise our clients on the law and the other as a counselor to suggest or to recommend a course of action we feel is the best under the circumstances. But in the end the client makes the decision whether to settle and on what terms. That’s their prerogative. Even if your client is, in your view, making a bad decision or one which you would not make. Advise them as best you can, document in writing if they are not following your advice and move on. They must live with their decision, good or bad. You’ve done your best to advise and counsel them. More than that cannot be expected of you. Remember, your a lawyer, not a magician.
Thank you - such a simple point about both “attorney” and “counselor at law” but it really is helpful to keep that point of view in mind
I agree with what others have said. I'd add that if it's a big decision that could prejudice the client's case, I typically tell the client to sleep on it.
A senior partner once told me ( as a newbie more than 30 years ago) to remember that when clients make their situations more difficult, we have to fix that too. I don’t go to war with clients. I don’t create an adversarial position with them. State your best advice and take your ego out of the mix when they don’t follow it. Too many younger lawyers seem to view their roles as persuasion of the client. Actually our role is to advocate for the client and persuade the court. Just saying.