In legal dramas, a lawyer’s bravery is often a passionate speech from the stage, with the camera sweeping over the shocked faces of his opponents. But in reality, the bravery of lawyers does not have a soundtrack or a spotlight. More often than not, it is the moment of quietly enduring and still choosing to uphold professional ethics and bottom line under pressure.
In the legal profession, “courage” is not a behavioural approach of ‘acting on momentary impulse, drawing swords at the slightest disagreement,’ but rather an expression of professional competence. It is not about confrontation, but about making judgments in uncertainty, maintaining clarity under pressure and controlling the pace in complex situations.
We would like to talk about this kind of “courage” that is not often seen but does affect the outcome of a case.
In many cases, clients are hopeful, and lawyers clearly see the gap between the ideal and the reality – the facts are intricate, the adversaries are powerful, and the process is fraught with uncertainty. While the easiest thing to do in the face of a client’s trust and expectations is to nod in agreement, the most difficult response is often, “You need to be prepared to accept an unfavourable outcome.” This is not indifference, but a sense of responsibility.
The lawyer’s role is to find a balance between the client’s claims and the legal realities, and to point out frankly the potential risks and limitations. Clients may wish to “argue their case,” but lawyers must determine whether the path is feasible and whether the solution truly serves the client’s core interests.
This means that lawyers must have the courage to speak out against “unpalatable” judgments, to express a clear position based on professionalism: “This strategy is risky”, “This direction may be detrimental to you”, or even directly suggest adjustments to the plan. The client needs more than a neutral analysis. What the client needs is not a neutral analysis, not to bear the pressure of choice alone at the critical moment, but a trustworthy guide. The attorney needs to step up and say, “We recommend going this way.” This is not a moment of bravery, but a professional choice based on thorough weighing and clear judgment.
Some people think that the bravery of lawyers is reflected in “not giving an inch”. But true professional courage lies in knowing what can be put aside and what must not be conceded.
When the client insists on the radical route, the lawyer needs to be brave to remind the potential risks, to prevent the case towards uncontrollable; when negotiating, even in the face of provocation, must also remain calm to avoid the situation getting out of control; when encountering a complex problem, frankly admit the need for further investigation, rather than show blind bravado. This kind of selective insistence is the embodiment of professional judgment, is the pragmatic performance to maintain the interests of the client.
Sometimes, bravery also means saying no to “improper win”. Even when faced with the temptation of high stakes, lawyers must refuse unlawful requests, such as falsifying evidence or misleading the court. A true victory is one that is worth fighting for, one that is based on legal process and the truth, and one that achieves the most favourable outcome for the client.
Lawyers get anxious, they get nervous, they get skeptical; it’s normal, it’s human nature – provided we can recognize these internal states and resolve them with wisdom. Because a legal opinion, a cross-examination, an opening statement, you know how important it is, and you understand that any mistake can have consequences.
For litigators in particular, having wins and losses is a professional norm. But that doesn’t mean it’s any less stressful. Litigation is not like an athletic competition, where you can “play again” if you lose; the result of losing a case can have a long-term impact on a client’s life, career, or even life trajectory. This deep understanding of the weight of the outcome means that lawyers must bear more psychological pressure and judgment pressure.
Being brave does not mean being “courageous” but rather maintaining clarity and making choices under pressure. It’s not about impulse, it’s about: “I’m ready”, “I understand the risk”, “I know what I have to do”.
This is professional courage at its most mature form: recognizing limitations and assuming responsibility – even if the pressure of that responsibility is long and heavy. Data shows that more than half of the lawyers surveyed reported that their work had a negative impact on their physical and mental health, including fatigue, insomnia, anxiety and depression. It is also for this reason that, in addition to professional competence, we need to establish a stable emotional regulation mechanism in order to stabilize ourselves in the midst of prolonged high pressure.
In the world of lawyers, courage is never a duel of force, but in the complex situation, calmly assume responsibility; it’s not fearless of risk in the impulse to make bold decisions but having the courage to face the challenge.
Lawyer’s courage comes from the accumulation of solid professional and rigorous control of the details, possessing both responsibility and an understanding of proper measure. This courage allows lawyers not only to speak out firmly in court, but also to provide practical solutions when clients need them most.
Written by Xueying Yang; Content planning: Sun Gang; Xueying Yang; Proofreading: Sun Gang
The content of this article is based on publicly available information and the author’s understanding, and does not constitute any form of professional legal advice or basis for business decisions. Readers should refer to this article in the context of their own actual situation and consult relevant professionals for specific guidance. The author and the publishing platform do not assume legal responsibility for any consequences arising from the use of the information in this article.
Consultation with Specialized Lawyers
Abraham Sun
Principal Solicitor
As the Principal Solicitor, Abraham has been working with numerous clients including listed companies, state-owned enterprises, ultra-high-net-worth clients, and investment banks. Customers in various industries including Australian and Chinese companies and individual investors, had achieved considerable economic benefits with his professional legal advice.
Annette Leung
Partner, Solicitor, Notary Public
Annette is an experienced lawyer who works with clients in a wide range of commercial and civil disputes, with a particular focus on marriage and family affairs. Also, her experience extends to assisting clients in other common law countries.
Amy Zhu
Partner, Senior Licensed Conveyancer
Amy is an experienced licensed conveyancer with years of experience in conveyancing matters. She has outstanding work experience and achievements in conveyancing services under property law and conveyancing law provisions. She is skilled in working with clients in Mandarin and English.
Ming Zhao
Partner, Solicitor
Ming is proficient in immigration law and has over 20 years of experience in this area of law. He specialises in business skills migration, employer nomination scheme, employer nomination migration in regional areas, etc. Also, Ming is highly experienced in all areas of criminal defence, including matters involving drink driving, drive while disqualified/suspended, etc.
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