With the recent environmental catastophies in Japan, and the resulting crises involving the Fukushima Dai-ichi nuclear plant, officials at the Tokyo Electric Power Company (TEPCO) who operate the nuclear facility have found themselves apologizing to the Japanese public quite a bit. In Japanese culture, apologizing for one’s actions is a way to maintain harmony and knowing the right way to do it is a must.
Ocassionally the question comes up, “What should a lawyer say to a client when they know they have made a mistake on a matter?” There is much guidance for lawyers that can be found in Rule 1.4 Communications, in the ABA Model Rules of Professional Conduct, which states that lawyers must keep their clients reasonably informed about the status of their matter. If you are aware that a statute deadline date for serving a pleading was missed and a claim that the client may have had is gone for good, then you owe it to your client to promptly inform them of the of the change in the status of their matter.
So what is the best way to give client’s some bad news? Here are some tips we have for you:
- First, report the matter to your malpractice carrier. Things may may not as bad as you think and sometimes a fresh set of eyes can see that there may be some steps available to getting the client’s matter back on track.
- Accept the fact that you might have made a mistake. Statistically, you are likely to have three malpractice claims in your career and going into denial or avoiding the client is often disasterous.
- Be prompt when reporting bad news to the client. Your malpractice carrier will help give you the right words to tell the client what has happened without making matters worse.
- Don’t fall on your sword. You made and error, so the right thing to do is to tell them about it and what the options are for fixing it. A little contrition is a good thing, but it is not necesarry to confess every error you may have made and how you will help them take on the insurance claim against you.
If you have good relationships with your clients, they can be very understanding when you are trying to fix the problem that you may have created. Part of that good relationship is keeping them fully informed about what is happening with the matter – even if that means informing them of your error. Apologies can go a long way with preserving the goodwill you have created, and can help start the process of getting the matter back on the road to success.
Posted by Todd C. Scott 








