The Oklahoma Bar Journal March 2025

a client’s true interests requires patience and trust building, as cli ents may withhold sensitive infor mation due to embarrassment, fear or misunderstanding. 5 Attorneys are responsible for creating a space where clients feel informed, heard and respected. Rules 1.4 of the ABA Model Rules of Professional Conduct and the Oklahoma Rules of Professional Conduct reinforce this responsi bility by stating, “A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.” 6 Clear communication of the matter can reduce anxiety and empower clients to participate meaningfully

in the process. However, attorneys and clients may not always agree on what best serves the client’s interests. While some attorneys defer to clients’ judgments, others may guide clients when percep tions conflict with legal or practical realities. 7 Once interests are iden tified, attorneys can work collabo ratively with clients to establish a bottom line by evaluating factors such as case dismissal likelihood, potential damages, legal costs and the emotional toll of prolonged disputes. 8 This process ensures cli ents remain informed, emotionally prepared and able to pursue out comes that balance their legal and personal priorities. Through active listening, managing expectations

SETTING THE TONE: THE ATTORNEY’S ROLE IN ADR Attorneys are more than legal advocates; they are navigators of human emotion, tasked with guid ing clients through the potentially turbulent processes of ADR. As such, an attorney’s demeanor plays a critical role in setting the tone for the entire process. With a mindful and empathetic approach, attorneys can transform tense negotiations into productive dialogues where clients feel comfortable expressing their concerns. This emotional stewardship is essential for achiev ing meaningful resolutions, as unresolved emotions can disrupt even the most carefully planned legal strategies. Understanding

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL