There will always be that one solicitor on the other side, whether it is in a conveyancing transaction, litigation or something else, that will be hard to work with. It will seem they are deliberately trying to make things more difficult than they have to be and most of the issues they have raised are non-existent and nothing that needs to be debated about. Generally, the legal profession is in itself demanding and often an adversarial one, so it is one more added factor when you have to deal with difficult Solicitors, in particular, especially when it is in a high-pressure situation, and you are dealing with complex legal issues and often difficult clients. I should say that in most cases many of the solicitors I have worked with are professional and courteous, but there have been a couple of difficult ones.
Dealing with difficult solicitors can be challenging, and believe me you will come across them sooner or later, but it is important to remember that you are not alone. There are a number of things that I have learnt going through this which I hope will help you too.
Here are some tips for dealing with difficult solicitors:
- Identify the source of the conflict. What is causing the difficulty? Is it a personality clash, a difference in working styles, or a disagreement over legal strategy? Sometimes it is because the solicitor on the other side is a lot more experienced and believe that their way is the best way and that know what is best. It is important, from your own perspective to try and think about what the issue is and use this to move on and realise that the issue is not with you and is entirely on them.
- Communicate assertively. Stick with what you know and asset your position firmly with reasoning but in a polite manner. These emails are difficult and can take a few drafts but have confidence in your ability and your legal understanding. If needs be get a second opinion from someone in your own firm and get their take to make sure you are on the right track and take confidence from that and adjust your position accordingly. Don’t feel shame for being wrong or having to amend your position. We are all learning.
- Listen actively. Try to understand the solicitor’s perspective. What might be motivating their behavior? Put yourself in their position, especially in a conveyancing transaction. Are they just trying to protect their client’s interests? Would you do the same if you were on the other side of the transaction?
- Establish clear boundaries. In the very rare occasion that a solicitor crosses the line and actually is rude or unprofessional, call them out and make it clear that you will not accept that kind of behaviour.
- Seek support from others. Don’t hesitate to reach out to trusted colleagues or mentors for support and advice. Discussing the situation with others can help you gain perspective and develop effective strategies.
- Prioritise your well-being. Remember to take care of yourself. If dealing with a difficult solicitor is causing you significant stress or anxiety, prioritise your mental health by taking breaks and seeking professional help if needed.
Here are some additional tips for dealing with difficult solicitors:
- Focus on the client’s best interests. Never let your personal feelings about the solicitor interfere with your duty to your client.
- Document your interactions. Keep a record of your communications with the solicitor, especially if there are any disagreements or conflicts. This documentation can be helpful if you need to escalate the issue to your supervisor or the Law Society.
Remember, dealing with difficult solicitors is a part of the job. But at the end of the day they are your colleagues and often things work out. Always seek help if you need it, never feel you are on your own or have to deal with things yourself.