Build A Solo Practice, LLC
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Reply | Original | Permalink | Share | TweetAgree that being upfront and honest with your clients, including not creating unrealistic expectations, is vitally important. Even in my dealings when I was at larger firms and was questioned about mistakes made on cases by more senior attorneys, I would never look for excuses. Just own up to and instead work on how to fix the mistakes. And yes, honesty and a simple apology can go a long way.
Reply | Original | Permalink | Share | TweetThat`s the power of responsibility and taking ownership of your mistakes!
Reply | Original | Permalink | Share | TweetIn Ontario we have new legislation that would address liability for apologies. I've previously mentioned legal issues around Jet Blue, and companies should always seek counsel in their jurisdiction to review apology laws there.
Reply | Original | Permalink | Share | TweetAt least in Texas, I believe that if a lawyer thinks she/he made an error, the lawyer has an obligation, as part of our fiduciary duties, to disclose the error to the client. If you have to disclose the error, why not apologize at the same time?
At the same time, even if that's not true, attys need to get over that fear. I can tell you from my experience and from reading countless studies in the med mal context, apologies (1) greatly reduce the risk that you'll get sued or be the victim of a grievance; and (2) if you are sued, then it will be much easier to settle than if you try to hide any malpractice.
And if you don't think you did anything wrong, then condition it, "look, I know you think I've made a mistake. I don't agree with that, but if I did, I'm sorry. I'm just doing my best to represent your interests."
And as Susan says, consult your own attorney before hand, but I am absolutely convinced that legal mal and med mal attorneys would be out of business if lawyers and docs learned to apologize.
Reply | Original | Permalink | Share | Tweet@Brooks - as a legal malpractice attorney experiencing the benefits of a genuine apology program for your clients and the impact later in litigation if it goes there, you can appreciate the court's reaction. But as @JPM evidences, the fear factor is so great it makes it a hard sell.
Again, I would never advise anyone to go down this path without advice, but why not get advice on how to proceed in general regarding 'apology laws' in your practice BEFORE you need it because it seems like a good practice to have in place.
Reply | Original | Permalink | Share | TweetWatch that 'apology' get used against you later in court as an admission or statement against interest!!
Reply | Original | Permalink | Share | TweetFrom my legal malpractice cases, I can assure you that this is very applicable in the attorney-client context. Having a good relationship with your client and willing to admit mistakes is one of the best ways to prevent claims and grievances. No matter what the context, people just don't want to sue people they like.
On the other hand, clients that have been lied to by previous attorneys are almost always chomping at the bit to sue; and once suit is filed, it's much more difficult to get these clients to consider reasonable settlement offers.
Reply | Original | Permalink | Share | TweetThank you very much for this Susan! A very important post for those of us becoming lawyers in 2009! Wishing you the best this new year.
Reply | Original | Permalink | Share | TweetGreat advice! especially about having something of value to say!
-Arnold Zeman
http://dialogicmediation.com/about/
Reply | Original | Permalink | Share | TweetGreat advice! especially about having something of value to say!
-Arnold Zeman
http://dialogicmediation.com/about/
Reply | Original | Permalink | Share | TweetGreat tips - and like you I find Twitter to be of the most use to me right now, as I easily find 3-4 small chunks of time in a day for Twitter!
do have accounts at most of the other major social networking sites as well and thanks as you just gave me a couple more to register placeholder accounts at!
Reply | Original | Permalink | Share | TweetHere are some more time saving tips: http://socialmediamafia.com/2008/08/social-media-when-time-money/
Reply | Original | Permalink | Share | TweetYou certainly said that well.
I find social media and all the sites and communities out there daunting. I don't know which to go to first or the ones to avoid. But more importantly, I only have so many in a day.
I totally agree social media must be used but it is like a wall coming at me and so I just back away.
Based on this post I gather you like Twitter :-)
Thanks for your insights. They are usually right on.
Reply | Original | Permalink | Share | TweetWow and I thought my journey has been difficult. Keep it going!
Reply | Original | Permalink | Share | Tweet@Mark - it is hard to define. That's why some people say, "I know it when I see it." But those people generally are talking about what they find distasteful.
@JKF - Keep me posted on your opening date. Congratulations!
@Chuck - I said the "M"...where's the soap, quick!:-)
Reply | Original | Permalink | Share | Tweet@Mark - it is hard to define. That's why some people say, "I know it when I see it." But those people generally are talking about what they find distasteful.
@JKF - Keep me posted on your opening date. Congratulations!
@Chuck - I said the "M"...where's the soap, quick!:-)
Reply | Original | Permalink | Share | TweetThis story is such an inspiration. I can see myself in some of the things you have posted. I wish you the best of luck with your continuing solo career.
Reply | Original | Permalink | Share | TweetSusan, a great list -- many thanks for the honour of inclusion! -- and a great idea. I'll follow Victoria's example and do my own top ten list shortly.
Reply | Original | Permalink | Share | TweetSusan, what a nice honor! Thanks very much. To receive that mention on your fine, benefit-laden blog is a real treat.
Reply | Original | Permalink | Share | TweetOk, who do I need to pay off to get on this list?
Reply | Original | Permalink | Share | TweetWhy thank you for the recognition. Now can you help me win the HGTV Dream Home Give-A-Way next year?
Reply | Original | Permalink | Share | TweetI am humbled to be on this list, and at how you've described the Legal Satyricon.
But hey! X-rated? I'm NC-17 at best/worst (depending on how you look at it)
:)
Reply | Original | Permalink | Share | TweetSusan, thank you so much for including my blog on this list. I read and enjoy most of them (especially Charles Newton). My blog has gotten so off track lately, it seems, but hopefully after a semester's break I will be able to return and fulfill my dream.
Reply | Original | Permalink | Share | TweetAs a new blogger, I will certainly look to your blog, and those on your list for ideas.
Thanks
Reply | Original | Permalink | Share | Tweet@Carolyn - it's a curse. I'm always making things older than they are :-) But great blogs, like fine wine and cheese, just keep getting better with age.
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- Build A Solo Practice, LLC
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