Document Type

Article

Publication Date

12-2014

Abstract

Professor Aaron comments that this piece, excerpted from: “Bad News and the Fully Informed Client,” the first chapter of her book, Client Science, addresses the lawyer’s challenge when counseling clients where “bad” news— negative, pessimistic or unwelcome developments or analysis—must be conveyed, whether or not within an ADR process. “As a mediator of civil cases, I suspect that mediation involves a higher than average percentage of cases involving ill-counseled clients or ‘difficult clients’ who may fairly be characterized as ‘counseling-resistant’ despite the best efforts of skilled lawyers. When the lawyer explains ‘bad news’ about case developments or likely outcomes, he risks the client’s suspicion or accusation of less than zealous advocacy. While a mediator can assist with client communication when legal circumstances are grim, counsel are obligated to ensure their clients are well informed of realistic expectations when exercising autonomy and self determination.”

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