Managing client’s expectations

Taylor revealed that one of the most daunting challenges he faces in his role as a criminal defence lawyer is the intricate task of managing his client’s expectations.

While believing that a career in criminal defence is a “privileged position”, Taylor discussed that it also comes with immense pressure, especially when dealing with cases that can significantly impact a client’s liberty and future.

“Clients will often seek my advice concerning an issue that has the potential to impact their liberty and the trajectory of their life. It is a privileged position to be in, however, that brings with it a certain type of pressure, which can become overwhelming and work against the client’s interests if the client’s expectations are not properly managed,” Taylor said.

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Taylor shared that clients facing such circumstances want to “understand the legal issues, the available options, what I think will happen and what I think they should do, how much it will all cost, and how long it will take”.

While these are natural inquiries, Taylor emphasised that “an element of the unknown” is inherent in every legal decision.

Given this, he discussed how it is crucial to manage uncertainty to ensure that clients make informed choices and have a comprehensive understanding of the risks associated with their options.

Recognising how overwhelming legal issues can be, especially when they have the potential to alter one’s circumstances drastically, Taylor emphasised the importance of setting professional and appropriate boundaries to manage client expectations effectively.

“Facing a legal issue that impacts one’s liberty and future life places a type of pressure on a person that is unique. That pressure extends beyond the client and, at times, is carried by those that support them.

“It has been important to set professional boundaries with clients and remind them I cannot deal with all their issues and seek assistance in other professions that are properly qualified to do so,” Taylor said.

To help him navigate these challenging moments, Taylor articulated his strategy of concentrating on his overarching goals and purpose when the demands of a case become particularly heavy.

“In the difficult times, I have found it important to focus on my ‘why’ or ‘purpose’ of being a criminal defence lawyer. I have also come to appreciate the simple yet difficult combination of doing a law I love surrounded by great people,” Taylor said.

The emotional toll

Tiedt pointed out that one of the most challenging aspects faced by criminal defence lawyers is the often-overlooked emotional toll associated with managing the energy demands required to support clients who are confronting life-altering circumstances.

“Criminal defence lawyers are dealing with clients who are, in most cases, going through the most difficult time in their lives. Most clients are stressed out of their minds, and with good reason,” Tiedt said.

Due to the heightened emotional state of the client, compounded by the anxiety of family and friends, Tiedt articulated that the situation becomes emotionally taxing for all parties involved.

“When you add to the mix family and friends of the client who are even more anxious about what is going on, working with criminal clients takes enormous emotional energy,” Tiedt said.

Tiedt shared that the substantial pressure that criminal defence lawyers experience is a daily and constant burden they must navigate within their daily responsibilities.

“Even after the worst, most difficult day imaginable, a criminal defence lawyer has to back up the next day and do it all over again with a different client – a client who deserves the same energy, attention and empathy as every other client,” Tiedt said.

Despite discussions around vicarious trauma, Tiedt pointed out that it’s not just the emotional burden of the cases themselves that is most challenging, but rather the reality of dealing with clients whose lives are falling apart.

“People often speak about problems relating to vicarious trauma in criminal law, and those problems and risks are very real. But I often find that it is dealing with clients whose lives are falling apart that is the most challenging part of the job,” Tiedt said.

Time management skills

For Singh, he shared that the most challenging aspect of being a criminal defence lawyer is mastering the skill of time management.

With a caseload that takes him to courts across Australia nearly every day, coupled with the considerable amount of travel required, Singh faces constant challenges in balancing the demands of his profession.

“As criminal lawyers, we are in courts throughout Australia almost every day. In addition to spending time in court, there is a significant amount of travel involved,” Singh said.

Singh discussed how the unpredictable and time-sensitive nature of the job means that criminal defence lawyers must be proficient in managing multiple responsibilities.

“All of this leaves less time for preparation of matter compared to other areas of law. As such, any criminal defence lawyer needs to be well-organised and able to prioritise tasks,” Singh said.

One of the strategies that Singh has identified as particularly effective in managing his demanding schedule is using an electronic calendar, which is accessible to all members of his staff.

“What I have found most helpful is using an electronic calendar that all staff members have access to. That way, if they need me to attend to any tasks or conduct a conference, they know whether I am available. It is also very useful to delegate simple tasks to admin staff. This can save lawyers hours over the course of a week,” Singh said.