Surprise! Surprise! Surprise! The Worst Word In The Inhouse Lexicon
I received the July 2007 issue of Litigation News from the ABA today. The lead article reported on a 2006 survey conducted by the Association Of Corporate Counsel (incidentally, no longer known as the American Corporate Counsel Association, as it is referred to in the article), and then discussed a Section of Litigation program from the recent annual meeting which discussed the results of the ACC survey.
The program's written materials contained a list of top ten rules for dealing with outside counsel. The Number 1 rule: "Do not countenance surprises! Neither accept them from outside counsel nor be the reason for them happening to your client."
We have heard this cardinal rule so many times that it is hard to understand why any lawyer would breach it. Certainly, fear of communicating bad news plays a role, but the news is going to be communicated at some point. Why compound the problem? Likewise, the notion that "I can fix it before they find out" probably is in play some of the time. But who can point to situations where the client hasn't ultimately found out, only to be angry that you tried to pull a fast one.
Trust is the cornerstone of a meaningful relationship between inside and outside counsel. Communication--and following Rule No. 1--is the essence of trust.