Comments on: My Thoughts on the Half Glass http://mcleodlawoffices.com/2009/06/my-thoughts-on-the-half-glass/ McLeod Law Offices, Boston, Massachusetts. Consumer Bankruptcy, Business Bankruptcy, Litigation: Bankruptcy, Consumer & Debt. Fri, 11 Mar 2011 03:01:18 +0000 http://wordpress.org/?v=2.9.1 hourly 1 By: Bill McLeod http://mcleodlawoffices.com/2009/06/my-thoughts-on-the-half-glass/comment-page-1/#comment-472 Bill McLeod Thu, 11 Jun 2009 21:36:39 +0000 http://mcleodlawoffices.com/?p=752#comment-472 I have also conferred with folks who simply do not want to hear what they do not want to hear. (At the risk of being sounding like a salesman) In my book, Chapter 13 in 13 Chapters, I encourage counsel to assess the client's goals prior to filing the case. Perhaps the debtor wants to save their home, preserve some other asset, or reorganize a bit and then move on. Once some information is obtained, I recommending asking one fairly simple question: "how do you want to do that?" In other words, "what's your game plan?" Sometimes, clients have a game plan in mind. If they run their game plan by me, like this particular client did, I can assess whether it is realistic based on what I know bankruptcy can offer them - as well as the reality of their particular situation. Other times, clients have no game plan and the response is "well, you tell me what the game plan is." Sometimes I can offer some options. Sometimes, I can only offer them one option. But what I cannot do is offer them something that I know is impossible or unrealistic...or for that matter, cannot legally be done. In this particular client's case, the hope was based on the economy turning around. With his particular circumstances, it was not a game plan. I think that 'the right advice' means to give the client an honest assessment of the facts and circumstances so they can make the best decision for them. But what's the right advice, or what's good counsel, is fairly subjective. Among the reasons why we practice law is to help people. Sometimes I can. Sometimes I can only do what I can do. That's not a half-empty glass. That's reality. And sometimes reality is just not an easy thing to hear. -Bill I have also conferred with folks who simply do not want to hear what they do not want to hear. (At the risk of being sounding like a salesman) In my book, Chapter 13 in 13 Chapters, I encourage counsel to assess the client’s goals prior to filing the case. Perhaps the debtor wants to save their home, preserve some other asset, or reorganize a bit and then move on. Once some information is obtained, I recommending asking one fairly simple question: “how do you want to do that?” In other words, “what’s your game plan?”

Sometimes, clients have a game plan in mind. If they run their game plan by me, like this particular client did, I can assess whether it is realistic based on what I know bankruptcy can offer them – as well as the reality of their particular situation.

Other times, clients have no game plan and the response is “well, you tell me what the game plan is.” Sometimes I can offer some options. Sometimes, I can only offer them one option. But what I cannot do is offer them something that I know is impossible or unrealistic…or for that matter, cannot legally be done. In this particular client’s case, the hope was based on the economy turning around. With his particular circumstances, it was not a game plan.

I think that ‘the right advice’ means to give the client an honest assessment of the facts and circumstances so they can make the best decision for them. But what’s the right advice, or what’s good counsel, is fairly subjective. Among the reasons why we practice law is to help people. Sometimes I can. Sometimes I can only do what I can do. That’s not a half-empty glass. That’s reality. And sometimes reality is just not an easy thing to hear.

-Bill

]]> By: Jacob S http://mcleodlawoffices.com/2009/06/my-thoughts-on-the-half-glass/comment-page-1/#comment-471 Jacob S Thu, 11 Jun 2009 17:34:49 +0000 http://mcleodlawoffices.com/?p=752#comment-471 This goes to the crux of biggest problem between attorneys and the rest of the world: Communcation. What exactly is “the right advice?” Is the “right advice” the encouragement that he wants to hear? Or is it wisdom that he needs to hear? But then again, how can an attorney know exactly what their client needs to hear? Maybe what they actually need to hear is that “glass half-full” speech that inspires him to get back on the horse and keep going. It’s impossible as an attorney to know for sure, so we do the best with what we have. In this article, it seems that you suggested to this man possibilities that he may not have contemplated before. He might have thought, “scaling down my business or changing the model? That sounds drastic!” Well, these are drastic times. I'm an attorney not a tarot card reader and you should be thankful that I’m willing to lose you as a client instead of keeping you at all costs by assuring you things can continue how they are without consequence. The facts have not changed. He walked into YOUR office. Obviously, something had to change with his business. If he can’t handle following through and making the change you suggest, there’s nothing you can do to force it. By then again, why would you want to? This goes to the crux of biggest problem between attorneys and the rest of the world: Communcation.

What exactly is “the right advice?” Is the “right advice” the encouragement that he wants to hear? Or is it wisdom that he needs to hear? But then again, how can an attorney know exactly what their client needs to hear? Maybe what they actually need to hear is that “glass half-full” speech that inspires him to get back on the horse and keep going.

It’s impossible as an attorney to know for sure, so we do the best with what we have. In this article, it seems that you suggested to this man possibilities that he may not have contemplated before. He might have thought, “scaling down my business or changing the model? That sounds drastic!” Well, these are drastic times.

I’m an attorney not a tarot card reader and you should be thankful that I’m willing to lose you as a client instead of keeping you at all costs by assuring you things can continue how they are without consequence.

The facts have not changed. He walked into YOUR office. Obviously, something had to change with his business. If he can’t handle following through and making the change you suggest, there’s nothing you can do to force it. By then again, why would you want to?

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