It’s not me, it’s you.

It may surprise you, but I don’t set out to upset people.

It’s just a natural side effect of what I do for a living that I often have to tell people things they don’t want to hear, such as telling them their case isn’t as good as they think is it.

Some people take it in the spirt in which it is intended.  Sometimes people do not.

I often remind people that the first rule of advocacy is that you shouldn’t ask a question unless you can deal with the answer.

So, if you ask me if I think you have a good defence to a claim, please don’t be upset with me if I tell you that you do not.

In the same way as you shouldn’t be upset if I tell you yes, your bum does look big in that.

Nor should you be upset if I laugh if you ask me if I want another drink.  IE you shouldn’t ask silly questions either.

Recently a potential new client approached me for advice on a potential new employment claim.  She believed that her dismissal amounted to discrimination.  She was the only member of her team who was being dismissed, and the only thing that separated her from them, as far as she was aware, was the colour of her skin and therefore, she argued, that must be the reason, and she had been discriminated against.

She asked me, what other reason could there possibly be, and so I answered her, honestly.

Maybe it was a mistake on their part – perhaps they’re idiots.  People sometimes get it wrong.

Maybe she wasn’t a good fit for the team.  Just because you are doing the numbers, doesn’t mean you’re getting on well with everyone.

Perhaps it was last in, first out – she’d only been there a short time – they had to get rid of someone to cut overheads and the most recent hire was the most obvious choice.

It may be that the clients had complained about her, but this hasn’t been shared with her.

Perhaps they just didn’t like her.

Simply because there was no obvious reason, didn’t mean there wasn’t a reason, and it may not be discriminatory.  And litigation is expensive and shouldn’t be embarked upon unless you are certain of the strength of your position.

Or it may be that there wasn’t a good reason, but it still wasn’t discriminatory.

Being a solicitor sometimes means asking the awkward questions (such as whether you got on well with all your colleagues – did you make friends or enemies) and giving difficult answers to questions (it might be you!)

If you’re facing a possible dispute, play devil’s advocate and ask yourself all the difficult questions – consider all the things that could go wrong or all the things that the other side could say and then come and talk to me and I’ll give you all the difficult answers you need to help you decide if you have enough to make it worth while proceeding.

Kleyman & Co Solicitors.  The full service law firm.   Ask away!