The Authentic Lawyer: Ethics, Integrity, and Professionalism
“What we know matters, but who we are matters more.”
-Brene Brown
Can we be genuinely authentic attorneys? We spend so much time creating arguments, posturing, being in charge, and controlling. Sometimes we have been brainwashed to work too hard, never complain, and not set actual boundaries. Do you feel like you are wearing a mask? To be accepted, you may have to act a certain way around the partner or say certain things to others in the firm. How does that affect us, and how can we change it?
While we passionately debate the merits of our cases and where legal decisions shape lives, one enduring principle stands tall as an unwavering beacon of ethical practice: authenticity. The authentic lawyer, guided by integrity and a commitment to truth, holds a formidable key to unlocking the potential for genuine connections and the pursuit of justice. In this chapter, we dive into the heart of legal authenticity, exploring the how and the profound why behind its significance. As we peel back the layers of this fundamental concept, we shall uncover how authenticity nurtures trust, enriches advocacy, and ultimately reshapes the legal landscape with integrity as its guiding compass.
What is authenticity?
Let’s uncover what authenticity means. Most dictionaries define authenticity as “the quality of being genuine or real.”
Many others have different explanations of what authenticity means. But most agree that it includes being true to your personality, values, and spirit, regardless of any pressure to act otherwise. You are honest with yourself and others and take responsibility for your mistakes. You are authentic when you live your life according to your values and goals rather than those of others. Your actions are consistent with your values and your ideals. We are genuinely authentic when our words, actions, and behaviors consistently reflect our core identity.
When authentic, we speak honestly and in a healthy way. We set boundaries, avoid toxic environments, and permit ourselves to be vulnerable and open. Our decisions align with their values and beliefs.
What about for lawyers? Authenticity refers to the quality or state of being genuine, truthful, and honest in their professional conduct and dealings. It encompasses a range of ethical and professional values: Here are some key aspects of authenticity for lawyers:
Honesty and Integrity: Lawyers are bound by a code of ethics that requires them to be honest and truthful in their interactions with clients, opposing parties, courts, and other legal professionals. This includes providing accurate information, avoiding misrepresentations, and disclosing conflicts of interest.
Client Communication: Authenticity in client communication means being transparent and clear when discussing legal matters with clients. Lawyers must provide realistic assessments of their clients' cases, including potential risks and outcomes, rather than making unrealistic promises.
Advocacy with Integrity: While lawyers are zealous advocates for their clients, authenticity requires them to present arguments and evidence in good faith and avoid misleading or deceptive tactics in the pursuit of justice.
Respectful Conduct: Authenticity extends to treating all parties involved in the legal process with respect and courtesy, regardless of their position or background. This includes respecting the dignity and rights of clients, opposing counsel, judges, and court staff.
Confidentiality: Lawyers must maintain the confidentiality of client information and only disclose it as necessary for the representation or as required by law. Being authentic means respecting the trust clients place in them and protecting their privacy.
Ethical Decision-making: Authentic lawyers approach ethical dilemmas thoughtfully, prioritizing the interests of justice and their clients' best interests over personal gain or convenience.
By embodying authenticity in their practice, lawyers adhere to their professional responsibilities and build trust with clients, colleagues, and the public, ultimately contributing to a more just and equitable legal system.
The Problem With Authenticity In the Legal Profession
Historically, the legal profession has struggled with authenticity. We had a reputation for being disingenuous, misleading, and perhaps even fake. It may have come from the very essence of what we do as lawyers, taking one side of an issue and creating arguments to support it.
Part of this problem stems from the competitiveness of legal practice. We get a job in the firm; we do not want to complain or set boundaries. We do what is asked and do more than we are capable of. We “toe the company line” and do not want to make waves. We want to be one of those who succeed in making partner in a very competitive environment. Even when we are overwhelmed or asked to do something uncomfortable with our values, we do it because we feel we must do it. The model where young lawyers work themselves much too hard to move up the ladder to become partner often is not practical for either the lawyer or the law firm.
Then we want to develop our book of business. We want to bring in more clients to show our value to our firm or to create more revenues. As a result, we sometimes present a different image to different clients to bring in new clients. We are not picky sometimes about what clients we represent. We may represent clients who are incompatible with our values, or we may take stances inconsistent with how we want to practice law.
And if we are in litigation, it is always a game of posturing and frequently hiding the truth. We always try to create a specific image that may differ from the actual facts. That is the nature of being a successful litigator.
What is the upshot of this? We begin to feel frustrated, unfulfilled, and stressed. We are unhappy with what we are doing because we act in ways that are different from who we are.
While authenticity is a commendable trait, challenges are associated with its practice in our profession. These issues arise due to the delicate balance between authenticity and the strict ethical and professional obligations that we must uphold. Here are a few areas where authenticity can create problems in the legal profession:
Attorney-Client Privilege: While authenticity encourages open communication, lawyers must also maintain strict confidentiality under the attorney-client privilege. Balancing the need for transparency with preserving client confidentiality can be challenging.
Zealous Advocacy vs. Authenticity: Lawyers must provide zealous advocacy for their clients, which may sometimes conflict with personal values or principles. Striking a balance between zealous advocacy and staying true to one's authentic self can be delicate.
Ethical Considerations in Negotiations: In negotiations, lawyers may use persuasive techniques to achieve favorable outcomes. Balancing authenticity with ethical negotiation practices is essential to avoid crossing ethical boundaries.
Despite these potential challenges, authenticity remains valuable for lawyers when practiced with adherence to professional ethics and responsibilities. Striving for authenticity can lead to stronger client relationships, increased trust, and more meaningful and fulfilling legal practice.
Why is it important to be authentic as an attorney?
The old model of “Grin and bear it” does not work. Stifling our true selves to succeed in the firm and bring in clients, no matter the conflict between representing them and our values, leads to frustration, unhappiness, and stress. The legal field is growing and changing. We are discovering that wellness and integrity for lawyers are critical.
These are some crucial benefits of being authentic in the legal profession:
1. Satisfied clients. Authenticity fosters trust between lawyers and their clients. Clients who perceive their lawyers as genuine, honest, and transparent are likelier to confide in them, share crucial information, and confidently follow their legal advice. Our clients are entitled to know who we are and how we intend to represent them. We form a more genuine professional connection when we demonstrate our true selves to our clients. Legal representation is an intensely personal and intimate relationship. Our clients are happier when they know who they are getting, what we are like, and how we will represent them.
2. Better performance. We are better attorneys when we are true to ourselves, acting consistently with our strengths and values. An authentic lawyer is better equipped to present a compelling case in court. By being true to our values and convictions, we can passionately advocate for our clients while maintaining credibility with judges, juries, and opposing counsel. Also, when we enter our firm's doors without worrying about acting in a certain way but can speak our truth, suggest our ideas, and be open about our concerns or frustrations, we are happier and more successful.
3. Positive reputation. Sadly, our standing with many is not what we want. We are perceived as too expensive, creating fights and making arguments. Authenticity contributes to a lawyer's positive reputation within the legal community and among clients. Word-of-mouth referrals and recommendations are more likely when clients and colleagues view the lawyer as trustworthy and genuine. When we are straightforward with our client and the opposing party, we can improve the legal profession's reputation, one attorney at a time.
4. Personal fulfillment. When we do the work we love with people who value us, act consistently with our values, and represent clients who we appreciate and who appreciate us, we achieve personal fulfillment that many of us have yet to experience. However, when our work as an attorney conflicts with our true nature or requires us to act in ways inconsistent with our values, we feel frustrated and unhappy on a deeply personal level. Authenticity helps us to achieve the fulfillment that we all deserve.
5. Greater success. Being liked by everyone is not the key to success. What matters is that our client understands us, who we are, what we bring to the table, and how we will manage their matter. That transparency creates a stronger attorney-client relationship and attracts other clients to us. I will not be everyone’s cup of tea. My style may not be what they want. But, by being authentic, I will find the right client who works well with me and who is truly happy with how I handle their matters and solve their problems. The key to building our law practice is knowing who we are working with, and attracting the clients that are a good fit for us.
For example, in my family law practice, I tell all my prospective clients two things at the beginning of our call. First, I am not a pitbull who wants to fight, create arguments, and harm the other spouse. Rather, as a firm and strong advocate, my goal is to be courteous and respectful and to solve the issues as quickly and promptly as possible. I also do not judge my clients ever, but I do tell them that I want to represent someone nice, respectful, and responsible. I try to avoid the problem clients who expect me to be something I am not.
6. Better wellness. A life of authentic and genuine relationships is a satisfying one. Lawyers can maintain a healthier work-life balance when they are true to themselves. This enables them to manage their time effectively, reducing stress and promoting overall well-being. When we pretend to be something we are not; when we are not speaking our truth; when we feel taken advantage of, we suffer stress, frustration, and burnout. Wellness matters in the legal profession. Practicing authentically as an attorney creates an environment where we are not only fulfilled and successful but also physically and emotionally healthy.
How do we achieve greater authenticity as an attorney?
Here are steps you can apply, starting today, building greater authenticity and create personal freedom for yourself:
Take a personal inventory. Step back. Reflect. Take time to identify and clarify your core values as a lawyer. Consider the principles most important to you in your legal practice, such as honesty, integrity, empathy, and justice. Understanding your values will serve as a foundation for your authentic approach. What is really important to you? What are your core values that matter? What type of people or endeavors make you feel most energized? What persons or situations make you feel angry or frustrated? Try to determine what values and characteristics are deeply important to you.
Align Actions with Values. Once you have identified your most important values, ascertain what is inconsistent with those values in your life. Is there a discrepancy between who you are now and what you want to be? Do you try to pretend to be something at work that you are not? Do you put on a mask to avoid being seen as you are? Is there a discrepancy between who you are and how people see you? True authenticity results when the person you are, is the same as the person you portray yourself to be, and the person that others see.
Embrace self-awareness. Engage in regular self-reflection to gain insights into your thoughts, emotions, and behaviors. Recognize your strengths and areas for improvement, and be open to acknowledging any areas where you may have fallen short of being authentic. Being mindful of how you feel and being present with yourself, regardless of what is happening around you, is a key to authenticity. As you develop your mindfulness, you will begin to understand when you were being inauthentic.
Be honest and speak your truth. Create open and honest communication with those around you. Be attentive when others speak to you by listening carefully and maintaining good eye contact. But be willing to say “no” when you need to. Express your needs and your desires honestly and with confidence. Honest and open communication is both freeing and healthy. The key is to say what you mean and mean what you say while understanding and respecting the other person’s needs and feelings.
Act consistently with your values. Avoid compromising your authenticity to conform to societal or professional expectations. Your fulfillment, your health, and your satisfaction are too important. Whatever your core values are, make sure that others are aware of them and that they do not force you to act inconsistently with them. Always try to be true to yourself. Authenticity requires that we live according to the core values and beliefs most important to us.
Establish your boundaries. Many of us fail to set healthy boundaries between work and home life. Without limits, we receive client calls on Friday night and Sunday morning; and are deluged with last-minute demands by partners to work late. We need boundaries so we can establish a balance in our life between our work and our leisure. To be authentic, those around us need to know what we can and cannot do and what simply is too much. It is okay to say no.
Develop a healthy support network. Create healthy professional and nonprofessional relationships with those we respect and with similar values. Those relationships can support us when we need it the most. Develop a relationship with a mentor who can be a sounding board, help you reset, and assist you in understanding what is causing your frustration. We should surround ourselves with supportive people who lift us up, and encourage us to be our best. We are often defined by those we surround ourselves with. Our most important relationships should include those with similar values, ideals, and passions. A strong support network can help us clarify who we are and where we are headed.
Conclusion
Developing a culture of authenticity is important for our legal profession. Embracing authenticity is not merely a choice but a moral imperative—a call to stand steadfast in the face of challenges, wield our legal acumen guided by unwavering integrity, and champion the values that fortify the bedrock of a just society. We are trained, expert problem solvers who have our client’s best interests at heart. Personally, acting authentically allows us to be more successful and fulfilled attorneys. Nothing is more critical to developing our freedom than being open, genuine, and authentic. As legal professionals, let us unite under the banner of authenticity, empowering each other to uphold the sacred trust bestowed upon us, enriching our communities, and shaping a legacy of truth, compassion, and lasting impact for generations to come.