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In Delivering Bad News to Clients, Ask: What Would Winston Churchill Do?
Nobody likes to give bad news. Yet it's an occasional part of the job for most lawyers, particularly litigators. Under Ethics Rule 1.4, lawyers must keep clients "reasonably informed about the status of a matter." Attorney Arthur Burger points to Winston Churchill's "finest hour" speech discussing the defeat of the French army by the Germans. Any bad news a lawyer encounters shouldn't be of that magnitude. Yet Churchill's speech provides some tips about the psychology of communication.