There are two life and death moments in every case.
And the life/death to which I’m referring is yours, not the life of the client.
We’re talking about the fatal disease known as buyer’s remorse.
That’s what people feel after they’ve made a big decision and later have regrets. (See more at Urban Dictionary, because how often can I legitimately link to Urban Dictionary?)
It happens twice—well, at least twice. It could happen more often in your representation.
The Client Agreement
First, it happens right after the client hires you. Sure, I know you’re awesome, but the client is thinking “Oh, shit!” I may have just screwed up when I hired that lawyer. That’s especially true if you’re rocking the big fixed fee. Mo’ money, mo’ regret, right?
You need to talk the client off the ledge and back in the window. The regret usually hits at about 6 AM the next morning, and the client is sometimes on the voicemail when you show up at the office.
“Um, Ms. Lawyer, I think I may have acted a bit…impulsively…and I think I need to hold off….”
You know the calls. You’ve had them on your voicemail, and you know what’s coming. It might have been prevented if you’d acted preemptively.
Here’s what you need to do:
1. Affirm
Tell your clients, at the time of hiring you, what a smart and good decision they just made. Do it for everyone. Buyer’s regret is universal. Don’t assume your sophisticated, intelligent, affluent clients don’t have this emotional response. Tell everyone they’re doing the right thing. They’re paying you for this good advice. Give it to them. Advise them that hiring you is the right thing to do.
2. Work
Put them to work. Give them stuff to do. Have them gather documents, fill out forms, enter data, call people for info, whatever. Just get them busy working on the case. If you have to create busywork…then create busywork. Get them moving so they aren’t spending their time regretting.
The affirming and the working will carry them through the 6 AM episode. They’ll be good until about 9 AM, when buyer’s regret might strike again.
3. Call
That’s why you’ll call them around 9 AM and affirm their decision again. Tell them you’ve been thinking about their case overnight and about how confident you are that they’re doing the right thing. This bad thing that happened to them can’t be left alone. You’re going to work together to fix it. Again, you need to tell them they’re doing what needs doing.
If you’ll do the affirmation, the busywork, and the call, then you’re good to go and, more importantly, they’ll be finished with that vulnerable period where buyer’s remorse is likely to strike.
But don’t get cocky. There’s more buyer’s remorse just down the road.
The Settlement
One day, hopefully soon, odds are that you’ll settle the dispute. Of course, things may get resolved after a trial. But settlement is more likely in this nasty business.
One way or another, the case gets resolved. It’s over. And what’s your client doing?
Your client is again waking up at 6 AM with a bad case of buyer’s remorse. The client has all sorts of thoughts about having made a bad decision. It could simply be the decision to take the deal, or it could be some sort of trial strategy call made by the client. Something will creep into that active little mind and start nagging. Then we’ll have a full-blown case of buyer’s remorse.
Hit it…hard. Kill that buyer’s remorse before it becomes a problem for you.
The plan, like the plan detailed above, is the same in some respects. You’ll affirm the decision at the time that it’s made. You’ll also call again at 9 AM. However, this time, you’ll send a gift instead of busywork. It needs to arrive quickly, because buyer’s remorse is coming fast.
Send flowers. Why flowers? Because you can keep an account with a florist, become a good customer, and expect fast delivery. Have a standard “buyer’s remorse” (maybe call it “settlement” instead?) bouquet ready. Have it delivered immediately. Call or text, boom, delivered! Make it happen.
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Include with the flowers—on the card—a note about what a good decision your clients made. Affirm again that they’re doing the right thing and that they achieved the best outcome. Congratulate them for making good decisions.
That’s the drill…affirm, flowers, call, and you’re back to work on the next case.
Reasons to Avoid Buyer’s Remorse
Buyer’s remorse is normal. It’s natural. We all suffer from it.
But it’s essential that you manage it proactively.
If left to fester, it has fallout:
- You lose clients. They change their mind and go elsewhere the day after they hired you, and
- You lose potential clients. A great outcome for your client should become a reason for your client to refer friends, family, and associates. It won’t if you let the regret take over. A ringing endorsement of you turns into a long-winded discussion of how things might have gone differently. Kill the regret before that happens.
Buyer’s remorse may not be your worst enemy. That’s your spouse, right? (Just kidding.) But buyer’s remorse can be a big source of trouble. Nip it in the bud before it makes your life difficult.
