Seven Tips for Practicing Professionalism as Attorneys

We all know it is very difficult and stressful being an attorney. We face time pressures, demands of clients, court calendars, financial issues, and sadly often unprofessional behavior by opposing counsel. Our profession is extremely satisfying when the lawyers on both sides work together in a cooperative, courteous atmosphere of problem-solving. But that is not always the case.

THE RIGHT WAY TO PRACTICE LAW

I have been practicing law for quite some time. I view myself as a problem solver. My goal is to help my clients find solutions to their challenges as quickly and inexpensively as possible, with as little damage as possible to the other family members or interested parties. Sometimes I work with an opposing attorney whose perspective is the same.

I had a case recently where my client, the husband, and his wife simply could not communicate. They had 2 teenage daughters at a delicate age who were caught in the middle. There were significant financial issues. They both had solid jobs and made decent money, but by no means were either of them wealthy. Together, they were barely able to make ends meet. There was intense disagreement about the family home, who should receive what portion, and where the 2 girls should be.

The other attorney was courteous, respectful, professional, and also a fierce advocate. We had several ongoing phone conversations, analyzing the issues, advocating our positions. We tried to design a solution that would be fair to both parties, but also meet their approval. We worked with our clients to communicate appropriately with the other parent. Before any depositions were taken, we were able to effect a solution that worked for all parties, and the custody issues were resolved by an amicable agreement. Although now divorced, the husband and wife can communicate effectively with each other, and the girls have two healthy living environments.

THE WRONG WAY TO PRACTICE LAW

There is a right way and a wrong way to practice law. One of the elements of effective representation is for both attorneys to be able to communicate with each other fairly and respectfully and in good faith, while at the same time advocating for their clients’ interests. Sometimes, sadly, that does not happen.

I had one case recently where I would speak with the opposing attorney, reach an understanding, and then get a letter from him completely inconsistent with what we just discussed. I repeatedly attempted to call him to speak personally with him on the phone. My experience from years of practicing has been that personal direct communication often works best.

However, it became obvious to me that he was ducking my calls. Time and time again, I would be given a bogus excuse when I knew he was there in his office. I sent him a very courteous email asking if I could have a few minutes of his time to talk about a couple of issues in the case. I would like to be able to tell you that he called me, we talked about the case by phone, and we got back on track. Instead, he sent me a letter, telling me that he would not communicate with me at all other than by letter. He insisted on only written communication, nothing else.

What was the outcome? One aggressive letter after another. Motion after motion filed (almost every one of his denied). Court time wasted. More stress for both clients. The result was delayed. Excessive fees incurred by both sides. The assets of both our clients were burned in unnecessary battles. To what end?

None of that was necessary or helpful. There is a better way. I will continue to attempt to speak to opposing counsel personally, and resolve cases quickly, efficiently, and at least burden to my clients as possible. 

SEVEN TIPS FOR PROFESSIONALISM

Law does not have to be all about the "fight." We can be of service to our clients. Together we can find solutions, without engaging in excessive proceedings in court which often do little except to poison the waters.

Here are 7 tips for building a reputation of professionalism in your legal practice:

1. Integrity always. Nothing is more important than our reputation for honesty and candor. I learned to practice law at a time when nothing had to be placed in writing, because when the other attorney gave me his word, I knew I could rely on it. Now, more frequently, everything must be confirmed in writing because there may be questions about whether the other attorney's verbal commitment can be relied on. At all times, when we make an agreement, stipulate, or give our word, we should mean what we say and stand by it.

2. Be respectful and courteous. At all times, we should be respectful and courteous to the opposing attorney. We can be fierce advocates. We can argue for our client's interests. But we do not need to interrupt, raise our voice, call names, or attack either the other attorney or client on a personal basis. Counsel are often very courteous in court because the judge is there to referee, or the jury to watch. We should extend the same respectfulness outside the courtroom.

3. Listen. Before rushing to argue or respond, practice listening, listening to the judge, to our client, and specifically to opposing counsel. Let the other attorney speak first, hear and understand what is said, and express a summary back to make sure we understand. When the other lawyer knows he has been listened to, he often is more open to hearing our response. We learn much more by listening than speaking, and we build better relationships with other counsel. 

4. Practice collaboration. Wherever possible, engaged in collaboration rather than conflict. Both attorneys have a role of advocacy, but we also have a goal of solving our respective client's problems. Fighting unnecessarily hinders the process. Seek to have a relationship where the other counsel and you work together, although from different perspectives, to resolve the issues.

5. Be responsive. When we receive a call, return it. When we receive an email or written correspondence, answer it, promptly. Avoiding communication with opposing counsel only makes things worse, always. Do not purposely delay to obtain some tactical advantage. What goes around, comes around.

6. Be cooperative. If the other attorney needs an extension of time, a change in the schedule, a stipulation on an uncontested matter, or a reasonable postponement, be cooperative. Do not hesitate to agree as long as it does not prejudice your client's important interests. When both attorneys cooperate with each other on such things as schedule, stipulations, or extensions of time, both sides gain.

7. Focus on being a problem solver. As competitive trial attorneys, we often concentrate too much on the "battle," and we lose sight of the real issue. Both sides are trying to resolve some issue between the parties. What are solutions that might work for both sides? Both parties come from different perspectives, but we as professional attorneys owe a duty to our clients to focus on finding solutions to our client's needs.

I have learned from my 4 decades of experience that law can both be extremely fulfilling and very frustrating. When we focus on these 7 tips for professional behavior, our experience as counsel can be much more rewarding.

I have now opened the doors to my individual coaching with lawyers and other entrepreneurs and professionals. If I can ever be of any assistance to you in any way, please do not hesitate to schedule a discovery call with me so we can chat about where you are and where you want to get to. I look forward to speaking with you!