Читать книгу How to Be a Lawyer - Jason Mendelson - Страница 42

This is the single most important principle and solves most fiduciary problems if faithfully implemented. Step into your client's shoes, examine every angle of the situation from their perspective, and determine what is best for her or him. Like Principle 3, this involves checking your ego; like Principle 2, it requires devoting time to the relationship. While acting as a fiduciary, continually ask this question: What would I want an expert to do for me if I was the client? Or put another way, use absolute tunnel vision to analyze what is best for your client. Forget about everything else. Now open up the aperture and ask if anything makes you feel uncomfortable about that vision given the exogenous pressures you have around you. And don't forget that simply the appearance of you acting on your own best interests will likely sink a career or a relationship. Give everything the “smell test.”

While we've tried to teach you a bit about being a fiduciary, remember that not all situations involving clients mean you are a fiduciary. The biggest instance is negotiations around billing arrangements and fees. In this instance, you have no duty to the client (absent of bar ethics considerations) and are free to put your interests first.

In addition, do not fall into the trap that you owe a duty to opposing counsel. Many junior lawyers get lulled into a state where they want to please the other side or not upset them. These conflict-avoidant attorneys need to remind themselves where their real duty rests. It still surprises us how many lawyers fall into this group.

Finally, be careful who you become friends with. Again, perceptions matter. If you are a criminal defense attorney who regularly golfs with an assistant district attorney, realize that this perception may not be appreciated by your clients. Yes, you can claim that a good working relationship is important, but consider optics and how that might be perceived as a potential conflict.