John Q. comes to your office, visibly upset. Ten years ago he purchased a house on land contract, and he has paid $750 each month as agreed. Recently John received a notice to quit from the seller, giving him 30 days to move or face eviction. John explains that there is nothing in writing about this purchase—it was an oral agreement with the seller, a longtime friend. John, who expected to complete his payments within the year, is angry and wants to know his options.
How do you break the bad news to John?
While lawyers use the title “Attorney and Counselor at Law,” law school curriculum often doesn’t address the counseling part. New attorneys learn with time that simply offering legal options to a distraught client is not enough; successful attorneys need to know how to truthfully yet sensitively share bad news.
Marjorie Corman Aaron, director of the Center for Practice at the University of Cincinnati College of Law, addresses counseling in Client Science: Advice for Lawyers on Counseling Clients through Bad News and Other Legal Realities. Using her years of teaching and mediation, along with a survey of scientific research, Professor Aaron tells lawyers with bad news what to say and how to say it—without destroying the attorney-client relationship.
So whether you are just learning the ropes of client communication or need to brush up on your counseling skills, Client Science might hold the right words for your next appointment with a client like John.
Find more client communication resources from ICLE. See Educating the Client, Explaining and Justifying Your Hard-Earned Fees to Clients, Initial Client Interview and Strategy Development, and Drafting for and Asking About Awkward Topics.