As a finite supply of business exists in the legal industry, practitioners need to compete against each other. Clients consider many attributes when selecting counsel, including abilities, costs, and the capability to handle a given representation. When a lawyer suffers a health issue, it can create difficulties in maintaining client connection, since clients might believe that they should select other counsel without the same health challenges. For this reason, many lawyers may try to hide health issues from clients, which can create a number of problems in an attorney-client relationship.
Earlier in my career, I worked in an area of the law that was dominated by a particular firm in our region. I never worked for this firm myself, but I knew many lawyers who did at one time or another and who loved to share stories about the sometimes unconventional practices at that shop. Multiple lawyers told me that a name partner at this shop suffered a health setback while working there. This became a source of gossip at the firm, since attorneys could tell that this name partner was not available while he dealt with health issues.
I heard from colleagues that once this name partner returned after handling those health issues, he made sure to tell people not to discuss his health issues. He said that discussing his health issues could make it more difficult for the firm to generate new business and might convince clients to move to different shops. Accordingly, it was in everyone’s best interest to keep the lawyer’s medical issues under wraps.
I also once worked at a shop that was run by several partners who were in their late 60s. The partners at the firm had a practice of going to a gym by the office during lunchtime most days. I have to admit, the main partner at that law firm was in amazing shape! Not just for someone in his 60s, but for any age. One time, I was discussing the partner’s fitness ritual with him, and he told me that being healthy and in shape was important to clients’ perceptions of him and the law firm. He said that clients want to know that lawyers are vigorous and they might not want to assign work to lawyers who might appear elderly and less capable of handling matters.
Hiding health issues from clients obviously raises a number of ethical and practical concerns. If a lawyer cannot handle a representation due to a physical or mental limitation, they should make arrangements to have another lawyer step in. In many situations, it might be important to inform clients of arrangements that are taken to ensure that the lawyer can continue to work on a matter with clients even though the lawyer is suffering from medical issues.
However, it is probably unavoidable that lawyers will try to hide medical issues and problems related to aging from clients. So long as the legal industry remains a competitive profession, attorneys will try to make themselves look as capable and vigorous to clients as possible.
Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothman.law.
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