“Choice, not chance, determines your destiny.” Aristotle
(Since I skipped June and July, I thought I could send out back-to-back emails. And this one builds on yesterday’s podcast so I wanted to get it out to you while that was in the air.)
I was recently asked to represent a client and I said no. To be honest, I was rather flattered by the ask. It was not a referral that was made to me lightly. It was potentially very lucrative. But after sleeping on it, I knew I was not the right attorney for the case.
It was a short, uncomfortable phone call to say no, but it was the right call for me and the potential client. I also let the referring attorney know that I appreciated being asked.
As the economist Tim Harford put it, “Every time we say yes to a request, we are also saying no to anything else we might accomplish with the time.” Once you have committed to something, you have already decided how that future block of time will be spent. As a lawyer our time and advice are the only things we have to sell.
I will admit, saying no is easier at this point in my career. I am more comfortable with the idea that there will be another potential client calling tomorrow and a I have bigger safety net. I also have the experience of having taken on cases I should have said no to and seeing the result. But saying no should not be just the privilege of successful lawyers, it is also the best strategy to building a successful practice.
How To Turn Down Cases
Turning down cases is tough. First, get your mind set on why you are turning down a case. There are two questions you can ask yourself if you think you should turn down a case, but are hesitant- The first question by Tim Harford, the British economist mentioned earlier, is,
“If I had to do this today, would I agree to it?” It’s not a bad rule of thumb, since any future commitment, no matter how far away it might be, will eventually become an imminent problem.”
The second question is the “Hell Yeah or No” method from Derek Sivers-
If someone asks you to do something and your first reaction is “Hell Yeah!”, then do it. If it doesn’t excite you, then say no.
After you have your mind made up that the case is not right for you. Communicate that quickly and directly. Don’t put off the rejection and don’t dance around it.
This article borrows liberally from https://jamesclear.com/saying-no
One Final Thought-
The Oath of Admission closes with the principle-
I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone’s cause for lucre or malice. So help me God.
This does not prohibit you from declining representation. It simply dictates the reasons for rejecting certain cases.
Second Final Thought-
This recent reading from Proverbs was too on-point not to include-
And one last plug for my band this weekend. We hit the stage around 9-