As an attorney, I am often asked for advice by clients. We're in the advice business--it's what we do. Sometimes I am asked about an issue in which my knowledge base is...well...somewhat lacking. What to do? Fess up my absence of knowledge on the subject, or simply punt by offering up some speculative response?
I am sometimes amazed (and amused) at the number of people who, in the course of conversation, will paint themselves into a corner in their attempt to impress others with their "knowledge" of topics they know little about. Be it law, medicine, technology, whatever, the scenario is the same.
While waiting for an attorney meeting to begin one day a couple years back, I observed a colleague telling a story about how Coca-Cola had a "lifetime patent" on their cola product, one that had been "continuously renewed since the 1880s." She asserted that some kind of special exception had been carved out for them by the Patent and Trademark Office. Holding back my urge to burst out laughing, I interjected that this was a mere urban legend, a tired old saw that had been debunked ages ago (the formula is actually a
trade secret). Yet the attorney, who was not a patent practitioner, remained adamant in defending her silly position. The fact that I was a patent attorney did not faze her in the least; she was so intent on being "right" that she continued to clutch this defective argument like a dog with a bone. As with the Emperor and his imaginary set of clothes, she seemed to truly believe in the foolish story she was telling. She would not let go, and I simply gave up. It wasn't worth the trouble, and the meeting was about to start anyway. The other attorneys rolled their eyes and smiled.
I had to think: would she do the same with a client? With a client who might--
gasp!--rely upon such advice? Is being "right" from the very beginning more important than serving the interests of the client with well-planned, thoughtful advice? As attorneys, we are conditioned to "win the argument." We want to be perceived as omniscient in the eyes of those we serve. Sometimes we become so fixated on that goal that we blindly ignore the facts. This can give rise to dangers.
If the impromptu advice you toss to the client turns out to be wrong, and your client or someone else calls you out on it, you look like an unprepared fool. This is the best case scenario, and the harm to the client is minimal, if not the harm to your reputation. At worst,
when nobody catches the bad advice, your client actually follows it and gets into trouble. Better make sure your malpractice premiums are paid up.
I'll offer another anecdote.
Back in my engineering days, not long after I had graduated, I interviewed for an electrical engineering position with an electronics manufacturer. The V.P. of engineering took me to lunch, quizzing me about my engineering training, experience and knowledge. He then abruptly changed the subject. "
What's the current price of steel," he inquired. Caught off-guard momentarily, I wasn't sure how to approach the seemingly irrelevant question. This inquiry came from a person who was near the top of the corporate foodchain, and he expected an answer right then and there. I responded that I really didn't know, and that the answer might depend on many factors. He pressed me a bit. I reiterated my ignorance of the subject, but stated that I could look it up and have an answer for him. The conversation moved on to other topics, and the interview went well overall. I got the job.
Shortly after I started, that same V.P. took me to lunch again as a welcome gesture, and told me why I was hired over the 3 or 4 other candidates, all of whom were highly qualified. He said I was the only candidate who didn't try to offer "some bullshit story" (
his words) in response to his price-of-steel question. In filling the engineering position, this veep didn't want to hire a poseur who shoots from the hip, he wanted someone who would carefully research each problem. That little lesson has stayed with me since and it applies to every profession.
Faced with a client's inquiry of a problem or issue for which my knowledge is limited, my answer is and always will be: "
I don't know but I will research it and we will go from there." It's not the time to be
Cliff Clavin. When the stakes are high, and they usually are, there is no shame in admitting ignorance. It's also an opportunity to demonstrate to the client a willingness to go the extra mile with diligence, to get the facts straight. If it turns out that the answer involves something beyond my resources or my abilities, then I must seek co-counsel or refer the client to another practitioner. Nothing less will do.
Cheers.