March 22, 2017 | Share

Dealing with the Unexpected

By guest blogger: Shawndria McCoy, Esq., a North Carolina attorney

As I sat feeling defeated due to the outcome of a case, I began to wonder what if anything I could have done differently. I was expecting a sure win and for my client to one day have his life return to normal.  I was told one thing by the state, but ended up receiving another.  I was devastated and downright hurt for my client knowing it may be a very long time before he saw his family again.  I tried every single option and tactic and strategy I could muster, but none of them worked.  It was not by any fault of my own or my client, but my client and I encountered every possible obstacle.  In the midst of the representation, I went from hopeful to having my back against the wall running out of strategies, to hopeful again, only to be crushed in the end.  The one good reminder that I can hold on to is knowing that I tried all I could for my client and I was the only attorney he found to say yes to his case and to take a chance on a matter that was so very uncertain.  I garnered much experience throughout the representation, but sometimes that is just not enough emotionally.

            What do you do when you face defeat in practice?  Despite how much confidence we have in a case or the wonderful relationship we build with our clients, the brutal truth is that we will not win every case.  No matter how hard we fight, no matter how many countless hours we invest into a case, and no matter how much we believe in our client, we will win some and lose some.  We strive to make our winners outweigh the losers. Indeed, the Rules of Professional Conduct require us to be zealous advocates for our clients.  However, being zealous does not mean we will win every case.  Knowing how to deal with a loss is just as important as celebrating a win.

            Again, I ask, how do you handle defeat?  I define defeat as receiving an outcome contrary to what you expected.  Simple.  Defeat is not always a negative thing as sometimes defeat can save your life or set you up for an even greater future.  Defeat can be a temporary set-back, not a permanent mountain.  There are several actions you can take when handling defeat:

1. Think about your role in the situation. Understand your emotions about the situation and make sure you know why you are feeling defeated. Did you do everything possible you could for your client or when handling the situation? What could you have done differently? Would that different reaction have caused a different outcome? If you did absolutely everything possible that you could have, then you can at least rest comfortably knowing that you represented your client zealously.
2. When possible, do not accept defeat. There are times when we have to accept the outcome, such as when a judge rules against your client. Not every case is ripe for an appeal so there may be times when we have to accept the “no” or “denied” response from a judge. However, in other matters we may have other recourse where we do not have to accept the defeat, but can utilize a different avenue to reach our ultimate goal and to change that defeat into success.
3. Expose the defeat. Communication can serve as therapy in a number of ways. Sometimes, getting a situation off your chest is the healing you need to be able move forward and not waddle in a bed of defeat, which can lead to depression. Obstacles are going to happen; it is unavoidable. Pick yourself up and do not be afraid to say I tried my best, but it just did not work in my favor. The only key with communicating your defeat is to make sure you are communicating with the right person – a good friend whom you can trust. Everyone will not place a band-aid on your hurt or offer a shoulder to cry on so be very careful with whom you expose the defeat to. Most importantly, do not divulge your client’s personal information.
4. At the end of the day, it is OK. Things will get better and life will continue to move forward. This season will pass and a brighter day will come. Change what you can and let go of what you cannot.
5. Professionalism and respect is still required. Regardless of who or what defeated you, always remain professional and respectful towards that person or thing. I have seen situations change simply because I refrained from acting out of character and continued to display respect throughout. Lose with grace. Always thank the judge, even if he ruled against your client.
6. We all have a job to do. Whether it was the other party who contributed to your case going less than how you expected or just the decision of the judge alone, remember not to take it personally. The other parties involved are not on your team and just as you will go hard for your client, they too will go hard for their client. Therefore, do not hold a personal grudge against the other party. They made their arguments, just as you did yours. In every game or every situation, there will be someone to come out on top and simultaneously someone else who will not. Just do your job, realize the other party is doing theirs and allow the outcome to be what it will be.