One of the many benefits of joining the American Inns of Court is the opportunity for mentoring, either formally or informally. The Robert M. Spire American Inn of Court in Omaha, Nebraska, has a long tradition of sharing experiences and wisdom, and we have collected some practical thoughts for young attorneys. It is surprising how often the advice you received in kindergarten is still applicable in the professional setting.
Communication with Clients
The Nebraska Counsel for Discipline has often noted that the number one source of attorney ethics complaints generally involve attorney communication with clients, specifically not replying to or responding to contacts and questions. Other state attorney disciplinary statistics reflect this same issue
It only takes a small amount of time to send a simple email response, leave a voicemail message, or even relay a message through a staff person to respond to client contacts. Doing so promptly and reliably will save you lots of time on the back end in not having to deal with upset clients and bar complaints.
Being responsive to contacts also results in satisfied clients, who are more likely to recommend you and your work to others. Sometimes, a client requests information—such as a status update that hasn’t changed—that can be answered quickly. When that happens, a fast response indicating no change or updates is better than no response at all.
The practice of law involves more salesmanship than is talked about in law school. When clients come in for a consultation, they are looking for an attorney who knows what they are talking about and someone who is confidently able to answer their questions and reassure them. You are selling your services, and you need to convince potential clients that your services are what they should invest in.
Of course, no attorney should misrepresent what they can do or sell services a client doesn’t need. But when a client is looking for legal services that you can provide, don’t be shy or hesitant. If you don’t know the answer, make it clear what your plan is to review the situation and get back to your potential client, either by asking a mentor attorney or researching. Then follow up as promised.
If you can establish a good rapport with clients in the consult, you are creating a strong attorney-client trust relationship from the foundation. Look at doing some sales training if you need the extra boost.
Make it a goal to try to return every phone call within one business day, barring a family emergency or other contingency. To the client you represent, their case is their only case with you, regardless of your workload on other matters.
Communications with Other Attorneys
Communications with other attorneys can be a large source of stress for young attorneys. Unfortunately, this is increasingly an area of stress for attorneys of all experience levels. Remember that the only side of a conversation with opposing counsel is your side. At the end of the day, you need to be able to look yourself in the mirror and know you did the right thing. Here are some tips related to communications with other lawyers:
Be a dedicated advocate. Remember that your obligation is to be a strong advocate for your client’s position. You’ll be able to do that much more effectively if you aren’t being a jerk when dealing with other attorneys or their staffs.
Emails and texts live forever. Before hitting send, ask yourself, “How would my email look as an exhibit?” Maybe it’s time to do some editing, or wait a few hours to respond, if you’re upset or angry.
Take a deep breath. When deciding how to respond to criticism, run your response by a trusted mentor or colleague. Remember, “Say what you mean; mean what you say, but don’t say it meanly.”
Don’t assume an insult. Assume opposing counsel has the best of intentions. Sometimes things are just said awkwardly, particularly in emails. Remember, opposing counsel also has a client and an obligation of advocacy on the client’s behalf.
Create a sense of professional courtesy. The practice of law has a large element of reciprocity, and an important lesson for attorneys to learn, positively or negatively, is “what comes around, goes around.” As much as possible, if you are a litigator, agree to reasonable requests for extensions in discovery. If you are a transactional lawyer, consider agreeing to requests for changes in contract wording that are not important to your client.
Don’t be afraid to have a discussion. Even if a request from opposing counsel is not one to which you can necessarily agree, discuss it in a respectful way and see if there is a compromise that allows both parties to protect their clients’ best interests. Respond with curiosity and courtesy, rather than a dismissive attitude, and see where it leads. At some point in a case, you’ll need an extension or need to stand firm on some point of negotiation. An attorney who has been agreeable and flexible has a better chance of receiving courtesy in return.
Handling Court Appearances and Court Matters
Court is where putting your best foot forward from the very beginning will be incredibly helpful to your career. The saying “you never get a second chance to make a first impression” is certainly true with court staff and judges. Ensuring that your first impression is a good one comes down to basic preparation and courtesy. Here are a few things to keep in mind:
Be prepared. Have your exhibits organized, marked, and ready to be offered. If you plan to cite a case or statute in your argument, bring copies of relevant case law or statutes for opposing counsel and the court. And, of course, be prompt and dress professionally.
Be kind and courteous to court staff. They are the gatekeepers to opposing counsel and the court. They can make or break you in an emergency.
Be truthful and humble. Don’t be remembered as the person who stretches the truth or can’t own up to a mistake.
Be courteous when raising issues in court. Remember that judges are trying to decide the case, not referee counsel’s resentments. Avoid attacks on other counsel as they almost always backfire.
Fairness wins. To win a case, you have to appear to be fair, and to appear to be fair, you have to be fair.
Wait. Ask yourself, why am I talking?
General Practice and Life Tips
Organization and self-discipline are the keys to the successful practice of law. Some of the following tips are helpful for all areas of life, not just the practice of law:
Get involved. Not only does participation enhance the profession, but it also provides an opportunity to get to know lawyers outside your practice area. Local bar associations, state bar associations, Inns of Court local and national committees, and pro bono opportunities are all ways to create a large and supportive network of colleagues who, with a little luck, will become lifelong friends.
Mind your manners. Communicate with others with the same respect you’d give your dear grandmother. If you don’t have anything nice to say about someone, don’t say it.
Speed kills. Take your time to ensure your work is accurate—and that any response is appropriate in word and tone before hitting send.
Set your priorities. Would you rather be right, or happy and effective?
Practice reciprocity. Remember: What goes around comes around.
Stay above the fray. If you are dealing with a difficult judge, a demanding client, or an obnoxious opposing counsel, stay firm and professional, but don’t let nasty tactics distract you from the issue.
Give yourself grace. All lawyers make mistakes or have things go against them. When that happens, don’t let that cause you to doubt yourself generally or spiral into imposter syndrome. Go for a walk, talk to a mentor or colleague, play with your dog—whatever makes you feel better. If you need to make amends or deliver bad news, do it and move on.
Be courteous. Professional courtesy should be your daily method of interacting with everyone. Remember, though, that professional courtesy does not mean an attorney needs to be a doormat. It is possible to maintain a strong position in a courteous way. If the other party becomes angry, there is no reason to respond in kind. If nothing else, a “let’s discuss this tomorrow” is often effective.
Basic courtesy to everyone is also a critical part of building a strong reputation. Thank the bailiff who set your hearing on the judge’s calendar. Learn and use the names of court personnel. Maintaining good relationships with everyone is not only one of the keys to building a strong reputation, it is also crucial to professional success. Many clients believe they want “a shark” and expect their attorneys to be “aggressive,” by which they mean rude. Explain to clients the benefits of professional courtesy to the success of their case.
Final Thought: Reputation
It takes an entire career to build a good reputation and takes 30 seconds to ruin it. Your reputation is your most valuable asset. Your word means something.
Treat opposing counsel, witnesses, the court and court staff with professionalism, civility and respect. You never know how people are connected in your community. You also never know where opposing counsel or someone involved in your case will be in 25 years. People always remember those who treat them poorly. Never forget that.
Best wishes for a long and successful career from our Inn to yours. Take advantage of the resources, tangible and intangible, that an Inns membership provides. The benefits will last a lifetime.