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Our profession seems to be a very apologetic one. Many of our callers to the Ethics Hotline apologise for calling the line, as if they are somehow in the wrong for not knowing the ethical answer

You must never feel that way about ringing us. It is so much more important that you ring and get guidance, than that you bury your head in the ethical sand. Mostly, all you need is someone to talk to confidentially about the situation and the ethics then become clear. And we would be a lonely Ethics Department if you didn’t call us, so please do.

As for apologies to clients, they are frequently unnecessary and quite damaging to both solicitor and client. The best example of this is if we have to terminate our retainer. So often the solicitor tells us that they feel bad that they need to do this, that they are letting down their client. We just know they are going to apologise.

But if you think about when we can terminate a retainer, it is essentially only by agreement or with just cause (see Rule 13). We can’t terminate on a whim. Common situations include a conflict discovered with a former client as a matter progresses, or a client who refuses to accept our advice. Why would we apologise for those situations? By terminating, we are complying with our obligations as an officer of the court. We cannot continue to act if we are unable to act in the best interests of our client or if they go off on an unlawful frolic of their own.

An apology then creates a false impression. It implies we have done something wrong rather than done something very right. Result – solicitor unhappy, client unhappy.

So next time you are about to use the word “sorry”, think about whether you do actually have anything to apologise for. Save the word for when you do need it.

 

Linden Barnes is a Senior Ethics Solicitor at the Law Society of NSW