When should an advocate tell a client «I don’t know»?

If an advocate is unsure of the answer, it is better to tell the client directly that the issue requires further review of case law, rather than promising a guaranteed outcome. It is precisely in these moments, when the client realizes that the advocate is telling the truth, that trust is built.

The relationship between an advocate and a client was discussed during the webinar «How an advocate can build a career based on trust, not just the law», organized by the UNBA NextGen in Kyiv. The speaker was advocate Inna Petelko. The moderator and presenter was the Committee’s regional representative Svitlana Mykhailyk.

I. Petelko identified the desire to know everything as one of the mistakes made at the beginning of her practice. At the same time, she drew attention to the existence of differing positions by the Supreme Court in similar legal situations and the constant evolution of case law. Therefore, the speaker advised advocates to choose a specialization and focus on two or three areas.

S. Mykhailyk recalled that while working at a law firm, a single advocate could handle a client’s business affairs, participate in a search, and manage their family law case. Working in this manner was challenging, as it is impossible to be equally well-versed in all areas of law. After trying out various practice areas, the advocate determined which ones she wanted to pursue and decided to refer clients to colleagues for other matters.

I. Petelko advised not to be afraid to tell a client: «I don’t know the specifics of this issue», «I’m not sure» or «I need to review the case law». She described the worst approach as assuring a client that the case will definitely end in victory.

If a question arises during work in an area where one lacks experience, S. Mykhailyk advised reaching out to colleagues. She explained that she consults with an advocate who practices criminal law regarding certain procedural nuances and turns to her when civil procedure issues arise in criminal proceedings. Colleagues can also draw attention to new Supreme Court precedents that an advocate may have missed.

I. Petelko noted that a reluctance to seek advice can be a sign of immaturity. According to her, an advocate must constantly learn and exchange experiences with colleagues.

The webinar placed particular emphasis on explaining possible courses of action to the client. An advocate should not make decisions on the client’s behalf. The role of a legal professional is to present options, explain their risks and consequences, after which the client chooses a course of action on their own.

Explanations should be given in plain language, as clients may not understand the difference between a court order and a court decision or the meaning of legal terminology. After the consultation, it is important to check whether the client has understood the recommendation and whether they need further clarification.

«Be honest with your clients; don’t tell them fairy tales», - urged I. Petelko. According to her, the truth will eventually come out anyway, and it will be difficult to restore the reputation of a trusted advocate.