Losses

Losses.

They will come—in life and in work.

For litigators, like me, we simply cannot win them all.

No one is perfect.

When I’ve received less than favorable decisions and outcomes, I’ve yet to be the one to have to deliver the news to the client.

But: I’ve learned so much watching the partners do so.

The best ones seem to:

😞 own it, making no excuses;

😞 deliver the news quickly, followed by more substantive follow up down the line;

😞 prepare a memo outlining the strengths and weaknesses of the decision and how it aligned or did not align with the facts, the law, etc., and including appellate rights and deadlines (or general next steps);

😞 offer time and space, as desired by the client;

😞 avoid the blame game, thanking their team for the work, despite the outcome;

😞 remain available for client follow up and potentially with new appellate counsel if applicable.

Of course managing client expectations along the way helps soften these blows.

Humans are making these decisions (judge, jury, or arbitrator) and humans are unpredictable.

Losses are part of life. Better to lean into and learn from them, rather than avoid or blame.

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