Should You “Weaponize” Your Attorney?

In short: No. In fact, don’t even try it.

By way of background, the word “weaponize” is often used in myriad contexts, most of them

political. An online Oxford dictionary defines the words as to “exploit for the purpose of

attacking a person or group, or for spreading discord.”

Several potential clients have wanted me to take the precise action they think is best for their

case, wanted to decide when to take it, and how to communicate about it, even down to selecting

certain phrases and words. I turned them all down.

Why? Attorneys have a fiduciary duty to their clients to achieve their goals to the furthest extent

possible. There is no question that all good attorneys want to do that. But that does not mean

that clients, who are very typically not attorneys themselves, are able to and should decide on

how to achieve those goals; quite the opposite. Lawyers can do that the best. For good reason,

clients are often so involved in their cases and disappointed about what has happened to them

that they have difficulty understanding the need to communicate in calm, measured, and legally

carefully measured ways with their universities or colleges. Clients also typically do not know

how what legal action to take and when. Instead, many clients want to “bite back” in almost or

outright aggressive ways as soon as possible. That’s not a good idea at all.

While clients typically come for legal help when problems have already arisen, it is still

important for their attorneys, for strategic reasons, to remain cool, calm, and collected

throughout the process. “Screaming and shouting” accomplishes little and would, in fact, be

very unprofessional and unethical under legal standards. Instead, steadfast and polite, but

consistent, communication accomplished more throughout the process. I have seen universities

tired out at the end from continually being met with polite, yet appropriately demanding, attorney

requests and communications. This process may take time, but is worth it in the end.

Attempting to have your attorney throw her/his weight around to get a “quick win” is a very poor

strategy. Further, few good attorneys would want their clients to decide on actual wordings,

strategies, etc. That’s what you have us for!

Myanna specializes in tenure and other professor-related law. She is a California-barred attorney

providing representation nationwide. She was a tenured law professor herself and now helps

other faculty prevail without having to file suit.