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Client Science : Bad News and the Fully Informed ADR Client
Author(s) -
Aaron Marjorie Corman
Publication year - 2014
Publication title -
alternatives to the high cost of litigation
Language(s) - English
Resource type - Journals
eISSN - 1549-4381
pISSN - 1549-4373
DOI - 10.1002/alt.21559
Subject(s) - false accusation , autonomy , suspect , pessimism , psychology , mediation , law , social psychology , political science , epistemology , philosophy
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.”