Intellectual Property Law

Professionalism's Easy. Don't Be a Jerk.

By Michael Atkins

Don’t be a jerk.

It’s that simple.

A big part of professionalism is common courtesy.

I’m no expert, but I know being a lawyer is so much more fun and rewarding when the jerk factor’s at a minimum.

Showing respect. Accommodating schedules. Cooperating in discovery. Having a sense of humor. 

A side benefit is all this conveys strength. If you’re in the power position, it’s easy to be magnanimous. If the facts or law aren’t on your side, it’s tempting to be shrill. So fake it with kindness and you look like you’re holding the winning hand.

Being professional also cuts costs, because if you don’t give opposing counsel a break when it’s possible to do so, you can be sure you won’t get one in return. Twisting the knife motivates the other side to win at all costs.

I’m not saying be a pushover. Far from it. In fact, we’re all ethically charged with being zealous advocates. That’s one of the things lawyers are paid to do.

But who really cares if the deposition happens on Tuesday when opposing counsel asks that it take place on Wednesday? If Wednesday would disadvantage your client in some way, that’s a different story. But if it doesn’t matter in the case, why fight over a nonissue?

It only hurts your client if you can accommodate a reasonable request, and don’t.

Full post as published by Seattle Trademark Lawyer on December 05, 2010 (boomark / email).