Practice Management

I might not get this exactly right, I guess, but it is an issues that I have thought about and struggled with over my career in the practice of law.  What makes a good lawyer?  To often we think of credentials or other strange abilities, but ultimately it comes down to decency, does it not?  Are we, as lawyers, decent human beings?

To often in law school, and perpetuated law firms and in particular Big Law, the issue is on tactics and technicalities over substance and truth.  The goal is to win as opposed to settle.  More importantly, the goal is to bill rather than help.

Now I know a lot of lawyers do not see themselves in this boat.  I tend to think that snake oil salesmen do not see themselves as snake oil salesmen.  And, it is not that all of us do not possess some of these tendencies.  Rationalization and a lack of introspection can be benefit sometimes, I guess.  But, we should try to see ourselves once in a while as others see us.

Look, I understand that there are differences of opinion.  I understand that many clients and opposing parties find litigation intrusive and abhorrent.  I understand that you cannot please everyone.  But, what you can do is try to be a good guy or a good girl, try to avoid being fake, leave tactics behind and and check your ego at the door as much as humanly possible.

So, although incomplete, my list of what it takes to be a good lawyer includes:

1.  Be authentic.  Too many lawyers are just phonies.  Maybe it is just the fallacy of what it takes to be a lawyer, but their actions, their words and their belief are not consistent.  They essentially pretend.  They learn or teach themselves to operate as they want others to see them as opposed to being their decent self.

2.  Be reliable.  A good lawyer in the practice of law, in the course of litigation and in handling a case must have not only clearly defined goals, but he or she must naturally act on these.  We all know lawyers who are erratic.  They are hyper in dealing with opposing counsel and then they themselves do not stay up with their work.  They want depositions next week or else, and then they disappear and do not tend to their business timely.

3.  Be clued in.  Maybe this goes with not being erratic, but a good lawyer will positions himself or herself in their chosen field of law.  They know the courts, the law, and the rules.  They have an intrinsic idea of how things work, who are the players, what others expect and how to meet those expectations.  They are always mindful of those around them.

4.  Be self-aware.  This probably goes with clued in, but it is a little different.  You need to understand your strengths and acknowledge your weaknesses.  You need to be in touch with your passion and the vulnerabilities this creates.

5.  Be purposeful.  Too many lawyers try to operate with bluster and fear.  They want people to feel their perceived power.  "If you do not do as I want I will ..."  You fill in the blank.  You need to be driven by your passion for your legal area of expertise and check your ego and any aggression at the door.  You need to be able to well-articulate your purpose, the law, rely on how these two work in harmony, and concentrate on your case instead of an inflated idea of yourself.

6.  Be inclusive.  Do not avoid people and confrontation.  To not keep to yourself.  That is not the way a lawyer resolves things.  Always pursue cooperation, discussion and a settlement over litigation.  Law schools do not teach teamwork, but this is what leads more often than not to quality results.  After all, how many times are cases litigated to conclusion when someone gets everything they wished.

7.  Be focused on others.  Put your own needs to the back.  If a lawyer will focus on the client, on the case, on the law, on the court, on opposing counsel, and especially on a resolution, even in the face of unreasonable opposition, money and the legal practice will mainly take care of themselves.

8.  Be not manipulative.   This is the biggest failing of lawyers.  It is taught to the exclusion of most things in law school.  It is reinforced by Big Law.  It turns the lawyer into something fake.  Treat everybody and every case, on both sides, with respect.  Think about how to get to the truth and a resolution as opposed to spending days scheming about how to win on a technicality.

9.  Be inspirational.  Lead by example.  Help others without concern for compensation or what is in it for you.  Be a mentor to your clients, your staff, your partners and colleague, to the court, and especially to new lawyers.  Do not be a showboat, but people will notice if you have what it takes.

10.  Be an optimist.  Be aware of the challenges before you, but always look for possibilities.  Focus on the matter and situation at hand believing it will turn out okay even if you do not engage in the tricks and tactics that have nothing to do with the law or the matter at hand.