Sound Independent Judgment the former Managing Partner of Beresford Booth PLLC. His practice involves business, banking and real estate matters both in the transactional and litigation areas. PLLC and chairman of the firm's business group. For the last 18 years, David's practice has focused on business and real estate issues with an emphasis on limited liability companies (LLCs). He frequently represents businesses involved in all phases of formation, operation, dispute, dissolution and winding up. He has extensive experience conducting presentations regarding complex legal issues involving LLCs. 145 Third Avenue South, Suite 200 Edmonds, Washington 98020 425.939.2838 Phone 425.776.1700 Fax dick@beresfordlaw.com davidt@beresfordlaw.com www.beresfordlaw.com poor decision made as a result of a lim- ited perspective, lack of due diligence and just plain insufficient effort. Good lawyers bring their clients more than just a different perspective; they bring them the benefit of their detached analysis, careful questioning and sound judgment. In this article, we will discuss what sepa- rates Primerus lawyers from others: the Primerus lawyers' use of sound indepen- dent judgment. Most lawyers are able to inform a cli- ent about the applicable law and leave it to the client to make their own decision as to how to apply the law. We believe better lawyers add value to their clients by the use of their sound independent judgment rather than passively accepting and acting upon their client's direction. Clients expect their lawyers to provide the benefit of their experience and judg- alternatives, and, where at all appropri- ate, recommend a preferred course of action and strategy. This process involves hard work and discipline. judgment must be utilized with an analy- sis detached from harmful emotions such as a quest for vengeance, fear of the un- known or greed. Our judgment must not be contaminated by the clients' interpre- tation of their current situation. Rather, we must engage in careful questioning and investigation into the facts. We have learned that, unless we are careful, our clients tell us the "good news," but we hear the "bad news" from the other side. Although we are advocates for our cli- ents, we must counsel them independent of our advocacy role. does not mean arrogantly believing we know better than our client, nor does it mean that we pre-empt our clients' decision making or bias the courses of action we present to our client. It means using our experience and common sense to arrive at a sound decision. Too often, the failure to make a decision results in unfortunate consequences. Using our judgment sometimes means collectively "sticking our noses out" to get our clients to make a decision rather than passively waiting. Finally, our independent judgment must be sound. "Sound" means the process of selecting the right course of action. The right course of action must be evaluated from a moral, as well as a strictly legal perspective. We may not be "right" every time, but we are sound in our process of arriving at our judgment for our clients. As lawyers, we should be advocates of good to our clients, which also serves a societal benefit. One of the reasons we love what we do is that we do our best every day to make our clients and our society better. |