The discipline of declining: Why turning down work can protect lawyers and their clients

Many lawyers are career-driven and competitive by nature. In a crowded legal market, clients expect excellent work and there is always someone ready to provide it. The urge to say "yes" to every new engagement, however, can wear down the lawyer saying it when left unchecked. Lawyers who never say no or who fail to delegate tend to suffer stress and related health problems at notable rates.

Learning to say "no" does not mean the lawyer is weak or lacks ambition. Rather, it is a professional skill that serves lawyers and their clients. Here are situations when it might be better to say "no."

Is there a conflict?

Identifying and, if possible, resolving conflicts of interest is a standard step of any new matter. However, some practitioners view conflicts screening as red tape standing between them and a new client. But taking on a matter in spite of a possible conflict, without proper safeguards, can raise questions about the lawyer's duty of loyalty or even lead to claims. It can also suggest that the lawyer put their personal interest in landing a new matter ahead of the client's interest in having a lawyer without any suggestion of divided loyalties.

For that reason, many firms run formal conflicts checks that vet prospective matters and determine whether a conflict exists and whether it can be resolved. Some firms will not open a file at all until the conflicts review is complete.

Notably, the potential of a conflict does not mean that the engagement cannot continue. Waivers or informed consent may be available. What creates real risk for lawyers is knowingly disregarding the problem. It helps to review the actual facts and circumstances of the scenario. Can the conflict be resolved and navigated? Or is it best to walk away from a representation that could create real risk?

Does the work exceed the lawyer's experience?

Competence is among a lawyer's most fundamental duties owed to a client. Georgia Rule of Professional Conduct 1.1 provides: "A lawyer shall provide competent representation to a client. Competent representation as used in this rule means that a lawyer shall not handle a matter which the lawyer knows or should know to be beyond the lawyer's level of competence without associating another lawyer who the original lawyer reasonably believes to be competent to handle the matter in question. Competence requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation."

Lawyers who are building a practice or chasing more hours can be drawn toward matters outside their immediate area of expertise. In those moments, the lawyer may believe they could take on the matter and "learn on the job" the nuances of this new area.

Of course, plenty of lawyers have broad skills that carry across many practice areas, which may permit them to expand their matters. Other lawyers will work with other professionals who know a particular field to help guide and navigate the less experienced lawyer. Some areas of law, however, really do demand specialized experience. Working in those areas without sufficient training, support or background raises the risk of a claim that the representation was not competent. Skilled lawyers can make mistakes too. But a client may argue that an error is more serious when the lawyer had little experience with the subject matter.

None of this means lawyers should stay away from new practice areas or stop growing. The point is to take an honest inventory before accepting unfamiliar work. Do you have the experience or the support the matter requires, particularly when your docket is already full?

When your own well-being is at stake

Hard work is second nature for most attorneys, but an all-consuming work ethic often has a price. Lawyers who never take time off or disconnect from their devices can find the accumulated stress taking a real toll. Expectations from clients and colleagues--or even pressure that lawyers put on themselves--can push stress to unhealthy levels. Professional success can then come at the cost of personal health. Burnout is real, and protecting your mental health can mean declining new commitments or expectations.

Lawyers cope with pressure in different ways, and not all of them are healthy. Research shows the profession has higher rates of alcohol and drug dependency and mental health conditions. The American Bar Association and other bar organizations have placed renewed importance on the issue of lawyer substance abuse and mental health. Many firms have also publicly pledged to support initiatives that improve attorneys' mental health.

Bar organizations have encouraged firms to prioritize educating lawyers about mental health and ways to cope with stress. Other firms have provided nonalcoholic options at events and confidential mental health resources through their insurance plans. Firms also have the ability to prioritize firm values that support individual well-being and treatment of substance abuse. This can help reduce the stigma for lawyers around substance use and mental health.

Lawyers who stay alert to the risks of overextending themselves are better able to avoid burnout while performing in a competitive field.