Successful
CEOs, entrepreneurs and surgeons (among others) can be difficult clients. Their
very success too often leads them to believe they know everything about succeeding
in their legal matter. Which usually involves their wanting you to do something
entirely different from what you know is the best approach to handling their
case or themselves as witnesses.
The
temptation is to say, “Look, I don’t tell you what to do in your field,
don’t tell me what to do in mine.” That may work with some clients, but it’s
worth remembering that many powerful individuals harbor an underlying fear of
being exposed as powerless. It does not advance your work with the client to
aggravate that fear.
Instead,
use the “Yes, and” approach, which basically consists of the
following:
1.
Don’t
wave aside the client’s arguments. Treat your client’s
analyses and suggestions
with respect.
2.
Then, go on to recommending/doing whatever
you think is best.
For
example, “I appreciate that you want me to call Ms. Jones as a live witness,
and I think our most successful strategy is to use her declaration.”
Notice, it’s
not “I appreciate that you want me to call Ms. Jones as a live witness, but I think our most successful strategy
is to use her declaration,” nor is it “I think our most successful
strategy is to use her declaration instead.”
You make no attempt to defend, rebut or otherwise resist your client’s
perspective. You acknowledge it respectfully, and then go ahead with what you
believe is the best course of action.
Such is
the power of “Yes, and.”
