Trial Magazine

As a plaintiff attorney, your sole objective is to obtain justice for your clients, but promising them certain outcomes will only cause problems. Look to the Model Rules of Professional Conduct, and use the following principles as a guide to ensure your representation aligns with ethics standards.

Disclose all information to the client—both good and bad (Model Rules of Prof’l Conduct R. 1.2(a), 1.4(5)(b)). Address all of the issues that might impact your client’s case during the initial meeting. Discuss any factors that might affect the case in a negative or positive way, such as something in your client’s background. For example, if your client’s employer disciplined him or her for performance issues before the incident, you must explain how this might impact claims for any impairment of earning capacity or lost wages.

Address moral, social, economic, or political factors that might affect the case (Model Rules of Prof’l Conduct R. 2.1). Our professional judgment and candid advice is not limited to physical evidence or witness testimony. For example, explain to your client that social media posts concerning the military or kneeling during the anthem may impact jurors’ perceptions of character and credibility. What effect it has will depend on each juror and jury.

Do not promise a number. Most clients want to know how much they might receive in damages. You can’t promise a number, but you can give them examples of past verdicts in similar cases or explain the framework a jury would typically use to determine an award.

You must say “no” to a client who urges you to present an unsupported or frivolous claim or argument (Model Rules of Prof’l Conduct R. 3.1). Ask the client to present the argument with all the supporting evidence—then challenge his or her claim and outline why the argument is unsupported. This client management technique will help maintain peace and trust in the relationship while still meeting the standard set by the Model Rules.

William J. Price is an attorney with Elk & Elk in Cleveland. He can be reached at wprice@elkandelk.com.