The State Bar Association of North Dakota Winter 2013 Gavel Magazine | Page 32

10 CLIENT PHRASES THAT PREDICT DISASTER
“I 1.but haven’t ‘formally’ documented it, ... “This statement usually oc“They [insert the EEOC, North Dakota Department of Labor, OSHA, etc.] ... can’t make us do that ... “ This is a statement often arising out of utter frustration or sometimes a combination of obstinance, arrogance and ignorance by clients. The reality is that often the EEOC, the Department of Labor, OSHA or other agencies can make our clients do things and wield real enforcement power for failure to comply. Ignoring the law or regulatory mandates rarely yields good results. wondering ... “ This call usually comes from a client at 4:55 p.m. on a Friday before a busy holiday weekend. You are sitting in your office, anticipating a leisurely weekend. Your client calls and expresses concerns that a termination he or she has already done may have some nasty adverse legal implication. For example, “we just fired our CFO and then got to wondering if the contract of employment he insisted we sign might obligate us to anything.” It is much easier to plan for and reduce risk in an employment termination before it takes place than it is to try to do damage control after the termination occurs. We serve our clients well when we remind them that taking a proactive approach before a disaster may be value added and well worth the cost of our fees. firm] then see that @#$%# get a dime!” We have all heard this in litigation many times. Your client is particularly angry at a former employee’s discrimination/breach of contract/retaliation claim and views it as a personal affront. The degree of indignation often seems as though it varies inversely with the strength of the client’s defense. Clients are human and sometimes don’t think clearly in the emotion of the moment. At these moments, it is important for us as lawyers to insure that our clients understand what the potential cost of defense in a matter is and what the likelihood of success is on the claim. In some

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Lisa Edison-Smith
Attorney at Law

Lisa Edison-Smith is a member of the Vogel Law Firm’s Fargo office. Lisa practices exclusively in the area of employment and labor law and litigation, and is an MSBA Certified Labor and Employment Law Specialist. Lisa is a qualified neutral and co-editor of the North Dakota Employment Law Letter, a monthly newsletter for North Dakota employers.

10 Client Phrases That Predict Disaster
As lawyers, we all experience those “ah ha” moments. “Ah ha” moments are those moments in which we see with complete clarity the issues in a case and know exactly how to respond to them. They are a lawyer’s dream. For me, they occur primarily in my dreams . . . or the middle of the night . . . when I awaken and can suddenly see with clarity the precise legal theory that will win the day. Sometimes, if I am lucky, I even remember them in the morning. There are other times, however, when we have “ah ha” moments of a different kind. Reverse “ah ha” moments, if you will. They are much more like “oh oh” moments. Moments when our clients utter words that stand as a beacon to us that disaster may be around the next corner. I practice labor and employment law, therefore, my top ten phrases predicting impending doom reflect that practice. They may, however, be familiar to attorneys in other areas of practice. After all, some disasters are universal.

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