The customer is always right  

One of the basic tenets in sales strategy is the popular phrase “the customer is always right”. The notion that the satisfaction of the customer is always the ultimate goal by the seller despite what could have been the latter’s mistaken or wrong decision has been the mantra of successful businesses. But what about if the customer is a client in legal matters?

I had a very interesting consultation with a potential client a few days ago. This involves a few issues regarding his personal circumstances that may have a tremendous impact not only on his immigration journey but also of others. What happened was that he had a son with another woman before he married his present wife, the fact of which he did not disclose to her. Now he is being petitioned by his employer and the application requires that he discloses the names of his children. He wants all his children, including the out-of-wedlock son, to derive whatever benefits he may have as a greencard holder. On the other hand, if he enumerates his children, he would have to include the name and birthday of that other son and for sure his wife would learn about it and all hell breaks loose.

As a counselor, my role is to lay out for the client what the facts are, the law affecting those facts and what the legal consequences would be. It is my obligation to tell the client the importance of disclosing the truth and the consequences if he fails to do so. I told him the immigration benefits that his other son could gain out from his becoming a permanent resident and that not disclosing the fact that he fathered this child is a criminal act of a perjury. The client was very worried about such disclosure as he does not want to take the risk of facing his wife’s wrath. I told him those are the facts, the law and the legal effects; the rest is up to him. I can only guide and lead him to a place that I think serves his best interest. If he does otherwise, that is all up to him. He verbalized full understanding about my position and that he would like to think about it. But still, after the discussion, I had the lingering impression that he would choose not to disclose.

In this scenario, is the customer always right? Take note that a legal service is not an ordinary business transaction of goods and services. A legal service involves a relationship between a lawyer and a client that involves basic foundations of mutual trust, confidentiality, and respect. The client’s interest is always the lawyer’s goal but the client has always the final say. Regardless how enlightening the lawyer’s advice is, if the client says otherwise, the lawyer defers to the client’s decision.

On a practical note, this situation only illustrates that lawyers cannot decide for and substitute their own ideas for their clients. The lawyer has to offer his opinions despite how inconvenient and unpleasant it may be for the client. And as a client, you deserve to know the legal implications of your proposed actions in order to arrive at the most informed decision you could make.

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I would like to wish every Bar examinee all the luck in the world as they face the grueling task of taking the Bar exam. I remember when I took the Bar exam in Manila in September 2001 when, after the first Sunday, I wanted to quit and come back to Cebu. After talking with our mentors and our then dean at the USJR College of Law, Dean Alicia Bathan, I realized that if I decide not to take the rest of the exams, I had already failed. So if I could give an unsolicited advice to our Bar takers, I would say, give yourself a chance. Do not sell yourself short. You have carved yourself a place to be seated to take the Bar and all you have to do is to claim that space by trusting yourself and giving yourself the best solid chance. Others have done it. There is no way you cannot do it yourself.