How to Be a Better Lawyer - PUSTAKAGAYO

 

Curious about becoming a more proficient lawyer? Can you embody the qualities of a hero – an upright, principled, and enlightened lawyer – all while managing the demands of billing hour after hour?

I hold a background as a former family lawyer, boasting 27 years of trial experience. Additionally, I dedicated a substantial amount of time to volunteering with lawyers who struggled with addiction and substance abuse issues, as well as representing several colleagues in disbarment proceedings. It is disheartening to witness lawyers being taken aback upon discovering that their friends and peers have faced disbarment due to unethical conduct, as reported in local bar journals.

In 2004, I decided to retire from law and embark on a new venture – a wellness and wholeness consulting business. Reflecting on my journey, I have acquired invaluable insights that could have greatly benefited me during my legal practice.

How to Be a Better Lawyer – Not a Junkyard Dog

Repeatedly, I heard the belief that, to achieve success as a trial lawyer, one had to embody the demeanor of the fiercest "junkyard dog" in the vicinity. Personally, I could never adopt such an approach – though some colleagues might readily label me as zealous in my practice. It seemed that, in the realm of family law, those who acted like junkyard dogs often enjoyed the most lucrative practices. Even my father, who was a highly successful lawyer in our home state, followed this aggressive path.

During a recent conversation with a family lawyer, she recounted an extraordinary experience she had with an opposing attorney. This attorney advised his client that adopting a scorched-earth policy with his ex-wife would only harm the client's quality of life. Attorneys have the potential to be compassionate bridges toward solutions or aggressive junkyard dogs. Which role would you rather embody?

Be the Best Lawyer You Can Be – But Don’t Focus on Results

In my view, it is paramount for lawyers to dedicate themselves solely to being the finest legal counselors they can be, without fixating on the outcomes. Others' opinions are inconsequential (pun intended). When we seek solutions and assist our clients in moving forward, the thoughts of outsiders become irrelevant.

I have come to recognize that one of the most challenging aspects in dealing with clients is addressing their misconceptions about the legal system's capabilities. You encounter individuals who have heard stories of someone else obtaining a favorable outcome, and they expect the same for themselves. I personally experienced this during my own six-year divorce process. Despite a generous settlement being offered, my ex-wife's attorney failed to persuade her to accept it, leading to a much less favorable trial outcome for her.

Be a Compassionate Bridge to Solutions

To become that compassionate bridge to solutions, lawyers must be willing to embrace transparency and honesty. Consider this mind-bending notion: what if, instead of engaging in a game of hide and seek during discovery, lawyers were required to lay down their clients' cards from the outset? Imagine the transformation in the judicial system with such an approach. I can vividly recall the exasperation of having to repeatedly request judges to order the opposing party to disclose information that should have been readily available through discovery.

The use of gamesmanship in legal proceedings was both frustrating and counterproductive. As a strong advocate for justice, I firmly believe that lawyers hold a fiduciary duty to prioritize the pursuit of justice over mere victory. Unfortunately, the legal system has lost its way in this regard, with many attorneys placing greater importance on winning rather than upholding true justice.

Lawyers need to have compassion and empathy or justice is lost.

Nonetheless, the legal system garners greater respect when honesty prevails. I can recall numerous conversations held in private chambers, where lawyers boasted about winning through deceptive tactics against the opposing party. The moral standard that attorneys once vowed to uphold when they entered the legal profession has become clouded. Lawyers must serve as paragons of morality and integrity, rather than exemplifying trickery and deceit.

Your Ethical Obligations to the Client and to Your Profession Must Balance

Lawyers must be unafraid of expressing their clients' desires openly and honestly, even if it means risking disrespect. The legal system is haunted by the notion that lawyers who don't outwit their opponents are somehow inferior practitioners. As a result, lawyers tend to guard their strategies closely and refrain from open communication, believing it is their duty to outmaneuver their adversaries.

Throughout my career, I have handled numerous cases that I didn't consider to be slam-dunk successes, but I felt an ethical obligation to stand by my clients. However, I now find myself questioning those decisions. Lawyers face the challenge of balancing their ethical responsibilities to their clients with their obligations to the legal profession, the public, and the judicial system. Finding this equilibrium can be quite demanding.

Don’t Take Short Cuts

Please, for the sake of everything sacred, avoid shortcuts. Lawyers must always strive to do their best, embodying the true essence of professionalism. Compassion and empathy are vital for upholding justice; the mentality of "win at all costs" is no longer acceptable. I recently encountered a divorce lawyer who charges an exorbitant $1,000.00 per hour, and it seems that financial interests are overshadowing professional values.

Take a moment to be still and composed. Avoid overreacting to minor issues. Seek out your perspective and a supportive community. Embrace meditation and find your inner peace. Even amidst billing hour after hour, you can achieve this balance. By doing so, you'll come to realize that the world is in dire need of more honest, ethical, and enlightened lawyers. Return to the hero you aspired to be when you first embarked on this journey.