Attorneys: What To Do When You Don't Know The Answer

What to do when you don't know what to do? As attorneys, we all occasionally experience moments when we encounter an issue or question and we have no idea what to do. This is particularly acute early in your career (cue flashbacks to making notes on a yellow A4 pad), but it will still continue as you progress, particularly if your work intersects with new or evolving technologies. I've been very fortunate in my career to be exposed to an extremely broad range of entertainment and media related matters, but I still sometimes get questions from clients or colleagues where I feel a spot clueless.

?With that said, here are some suggestions on where to start when you feel a bit lost:

?1. Ask Questions. The first thing you should do is ask questions of the person who is seeking your counsel. Your goal here is not to ask questions so that you can provide an immediate answer, but rather to gather facts and information to inform the rest of the process. This seems very obvious (and is, in fact, lawyering 101) but it bears repeating because a lot of people become reticent to ask questions when they are faced with the unfamiliar, because they are concerned that they will appear ignorant. Don't be. No attorney can know everything, and it is better to ask questions (who, when, where, why - just imagine you are Columbo) than be silent and helpless.

2. Gather Information and Do Some Research. Once you've left the meeting or gotten off the phone, the next thing to do is some light research. Look up the names of any people mentioned (that might mean IMDBPro in my line of work), do a quick Google search, check the files. You may have something on point at your fingertips that will provide an answer, or at least context. The biggest challenge with this part is if you are a junior attorney - you have to be careful about spending a long time going down fruitless rabbitholes. Thus, it's a good idea to confer with your supervisors before you do so.

3. Ask Colleagues. One of the best things about working in a firm or a company is that you have a team. Even if you have not encountered a particular issue, someone else may have. When I first joined my present firm almost a decade ago, the entertainment associates were myself, David Ashley and Jeff Lawhorn . At first, I leaned on them heavily to learn what I was supposed to be doing. When I became a little more experienced, the three of us would confer regularly about issues and precedents. If I hadn't faced a particular question, there was a decent chance that David or Jeff had. Now, many years later, I do the same thing routinely with Briana Hill and my other partners.

4. Ask Outside Counsel or Peers. If you aren't having any luck with your colleagues in your firm or company, the next step might be to ask your network. If you're in-house, this is probably easier because you may be able to reach out to outside counsel. We try to forge relationships with in-house counsel at our clients where they feel they can reach out to us for general advice and to be a sounding board – even if it’s on a matter that we aren’t officially “engaged.” That’s a huge part of our job – to support our clients and help them however we can (and, where possible, make in-house counsel look good!). Again, if you’re junior then you should check with your supervisors. If you are in a firm, or unable to ask outside counsel, another alternative is? to ask other industry peers. This is where things get a bit tricky and require a huge amount of judgment. If the matter is very sensitive, or confidential information could be ascertained even from a general question, it is better not to ask. However, in certain circumstances, it could be appropriate to ask generally “how are you handling this issue?” or “do you know anything about X?” in non-specific terms.

5. If In Doubt, Refer It Out. At a certain point, all attorneys will realize that they don’t have the knowledge or expertise to answer a particular question or assist with a particular matter. My philosophy is that, in that circumstance, the next best thing an attorney can do to serve their clients is to find someone else who is more knowledgeable to assist. This is another reason to try to cultivate an extended and diverse professional network. Of course, you should always check with the client before you raise the issue or make an introduction.