Sometimes it’s the Journey, Not the Destination

There’s this weird unspoken reality. When we’re dealing with a client we want them to feel like they’re our only client.

In some ways they are…but in other ways they’re connected with every other client we’ve had in the past and will have in the future.

In some ways that’s harder to follow than Sun Tzu.

If we say that unless defendant pays $X we’re going to trial, we better really mean it. Because what we do next is going to affect every client we have now and will have in the future.

We had a particularly challenging case. The defense knew it was challenging. It made an okay offer. But it wasn’t enough for the client. We said “no” and took the case to trial.

Predictably, the jury returned a defense verdict. (I say “predictably” now, but admittedly there were some key movements during trial—particularly after cross-examining the defendant—that I thought we were going to win.)

That felt like a loss at the time. But a funny thing happened after the sting went out of the experience. Defense attorneys, mediators, other plaintiff attorney started to say things like: You crazy bastard. I heard you said no to $X and tried that case anyway. The subtext—especially from defense attorneys—was that if we’d try a challenging case and come that close to winning, what would we do with an admitted liability case where there carrier wouldn’t meet our demand?

As it turned out the real value came not from the result, but from our willingness to put the client’s wishes first. We did right by her and that—somewhat to our surprise—helped every other client too.

Two claps for unexpected consequences. A rising tide really does lift all ships.