There is very little more important to our profession than our reputation for integrity and honor. Sadly, the legal profession is often viewed with some measure of disregard. Some of that comes from how some attorneys practice law. Some are overly aggressive and focus on winning at all costs. For me, it is extremely important to promote a culture of professionalism. I have been practicing law for 4 decades, and I have seen the good, the bad and the ugly.

In this newsletter, I will give two stories of examples of both good and bad lawyering, and some tips for improving the professionalism in our legal community. Are you committed as am I to raising the standards in our profession?

THE RIGHT WAY TO PRACTICE LAW

I am primarily a family law practitioner. 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. 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 did not trust each other. They had two 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 two girls should live.

The other attorney was courteous, respectful, professional and also a fierce advocate. If I called him, he called me back promptly. We listened to each other carefully, to gain an understanding of the perspective of the opposing party. We stipulated to issues that were not in significant dispute. We shared documents, voluntarily and completely. If something was not produced, we would simply call each other and it would be promptly provided.

We had several extended phone conversations, analyzing the issues, advocating our positions. Every call was courteous. We would not interrupt each other. The goal was to build a bridge with the other side, to understand each other's position, and to see if there was a lane in which to fashion a resolution. We tried to design a plan 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 economic issues were resolved fairly and promptly. The parties saved a large portion of their marital assets that would otherwise be wasted on attorneys fighting unnecessarily about unimportant issues. When they gained an understanding of the other's perspectives and needs, and reached an amicable agreement, their respect for each other improved. Their communication is much better. They are now able to rebuild and resume their lives free of the stress of a hotly contested case. 

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.

Have any of you had a matter recently where opposing counsel and you worked professionally to solve the problems the case presented?

THE WRONG WAY TO PRACTICE LAW

On the other hand there is also 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 our 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 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. Only written communication. It truly made no sense.

When his client raised some dramatic accusation, he would send an aggressive letter, calling my clients a bunch of names, without attempting to ascertain the real facts. When there was some document he was missing, or thought he was missing, he would write an extended letter containing numerous unfounded accusations. Rather than trying to resolve issues cooperatively, he would run to court and file motion after motion, almost every one of which was denied.

He was not open to discussing a resolution of the issues until after almost all of our clients' assets had been dissipated on needless legal arguments. His letters and pleadings would mischaracterize the facts, and would often poison the waters by unfairly attacking my client. When we did settle (the day of trial), most of the marital assets were gone.

What was the outcome? One aggressive letter after another. Motion after motion filed (almost all denied). Court time wasted. More stress for both clients. The result was delayed. Excessive fees were incurred by both sides. The distrust between the parties increased. Marital assets wasted. To what end?

None of that was necessary or helpful. I will continue to attempt to speak to opposing counsel personally, and resolve cases quickly, efficiently, and at the least burden to my clients as possible. Have you found it challenging to work with attorneys who practice law in such an aggressive, confrontational fashion?

PROFESSIONALISM TIPS

Most of us always aspire to be professional. We all want to raise the standards of our profession. Yet, sometimes we get caught up in the heat of the battle and may not reach the standards to which we aspire. What are the essential hallmarks of professionalism in our legal practice? Here are seven tips that I think are particularly important:

1. Our word is our bond. If we represent something to the other attorney, make sure it is accurate. If we reach an informal agreement with the other attorney, stick to it. Having a relationship of trust with the other attorney works to the benefit of both our clients.

2. Respond to communications promptly. If an attorney calls us, or sends us an email, we should never "duck" the call or email. Even if it is not a conversation we are looking forward to, we should show the courtesy of returning the call or answering the email promptly. Effective communication between counsel is very important and serves both of our clients.

3. Listen, don't argue. All too often in my earlier career, I would begin to hear the opposing counsel's assertion, and immediately proceed to respond to it, to attack that position. It is much more productive if we listen fully to what the other attorney has to say, even repeating it back so that we know what their position is. This helps in a number of ways. If we truly understand the other party's position, we can evaluate it better. We may see a framework of a resolution that could work for both sides. If we listen to the other attorney, perhaps he is more likely to listen to us. And, if the case has to be tried, we will understand better what we are up against. Understanding each other's position helps both counsel to find a solution in the best interests of their clients.

4. Always communicate respectfully. In court, we have a "referee", the judge, who makes sure we speak respectfully and courteously. But that should be our hallmark in all our communications. We should avoid personal attacks, name-calling and raised voices. That happens all too often. If we treat the other attorney with courtesy, that will likely be reciprocated.

5. Stipulate whenever possible. If there are facts that are undisputed, or documents the genuineness of which is a fact, stipulating to what we can creates goodwill and expedites the trial of the case. It not only makes the judge happy, but it also saves our clients' money. Stipulating back and forth with the other party facilitates a more effective resolution of the case.

6. Agree to appropriate scheduling requests. Whether it is an extension of time, agreeing to a schedule for a deposition, or a postponement for appropriate reasons, where it is not contrary to our client's interests, we should attempt to facilitate the other attorney's reasonable scheduling needs. We will have our own scheduling problems at times, whether due to our family, health issues, scheduling conflict, work pressures, or some other legitimate reason. We all find our own calendar and schedule so demanding that supporting another attorney's reasonable calendaring needs is not only respectful but will help us sometime down the road.

7. Seek a resolution at the earliest possible date. Of course, cases settle only when it is the right time. But all too often counsel wish to keep the fight going, for their own reasons. Often the clients may be filled with anger or distrust, which the other attorney may actually fuel. But, we owe it to our clients and to the court to seek to achieve an amicable resolution at the earliest date when it is appropriate. Whether that is hiring a mediator, having a four-way meeting, or direct negotiations between counsel, solving our clients' problems and achieving an amicable resolution as early as practicable is in everyone's interest.

Please join me in helping to raise the standards of our profession. What problems have you run into that concern you the most? What suggestions do you have that we can implement to help make our practice more professional?

I am now providing a service of helping lawyers to feel more fulfilled and to be more successful in their practice. I would love to learn how you are doing and to connect with you. Would you like to schedule a courtesy call with me? If so, please use this link: https://calendly.com/garymiles-successcoach/one-one-discovery-call