While you may be personally adept at handling losses, communicating the setbacks to your client may be much harder. Delivering bad news is tough. But if you adhere to the following guidelines, you'll make swallowing a bitter pill a bit easier for everyone.
Manage expectations in the first place
Early strategy meetings should convey realistic scenarios, including what could go wrong. Talk candidly about the chances of not prevailing as well as worst case scenarios. Summarize the main points in writing, with limited distribution due to the privileged nature of the communication. A client that understands possible outcomes will more easily accept a loss.
Determine who is the best person to deliver the news
Even though you may have worked on the case for 18 months, you might not necessarily be the best person to communicate the bad news to a client. A more impartial higher-up might be a better choice.
Determine who is the best person to receive the news
If your client is an organization or government entity, be conscious of chain of command. The General Counsel (or the organization’s chief legal officer) should be informed so he or she can brief policy staff or program staff as soon as feasible. But because of attorney client privilege, beware of calling a meeting where everyone and their brother might be invited. Balance need-to-know versus the potential of compromising privilege.