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Mark Bassingthwaighte, Risk Manager : Feb 17, 2021 12:00:00 AM
Difficult conversations can be, well difficult; particularly if the purpose of the conversation is to pass along bad news. After all, who looks forward to hearing bad news or having to be the one responsible for delivering it? I suspect this is why some lawyers will reach out to me looking for help when they suddenly find themselves in a situation where they must become the bearer of bad news. Their concerns run the gamut. It might be anything from not knowing what to say when firing a client, an employee, or forcing out a partner to how to talk with clients about an adverse ruling or verdict.
Now, I’ll be the first to admit that I’m not an authority on this topic. I have no “Professional Expert Bearer of Bad News” certification; and while I’ve honestly never looked into it, I seriously doubt such a certification exists. Regardless, I have learned a few things over the course of my life that may help make difficult conversations easier. Note that I didn’t say I can make them easy, they never will be. All anyone can do is share a few things to think about in advance of the conversation. So, when asked, this is what I will share. Perhaps something here will prove useful to you the next time you find yourself having to be the bearer of bad news.
Since 1998, Mark Bassingthwaighte, Esq. has been a Risk Manager with ALPS, an attorney’s professional liability insurance carrier. In his tenure with the company, Mr. Bassingthwaighte has conducted over 1200 law firm risk management assessment visits, presented over 600 continuing legal education seminars throughout the United States, and written extensively on risk management, ethics, and technology. Mr. Bassingthwaighte is a member of the State Bar of Montana as well as the American Bar Association where he currently sits on the ABA Center for Professional Responsibility’s Conference Planning Committee. He received his J.D. from Drake University Law School.
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