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Are you the dominant lawyer?
This has been an interesting week. At the beginning, I spent several days in
study with a group of world-class consultants. We helped and learned from
one another during an incredible week of mental growth, as I expanded to be
better able to coach my clients.
Then, at the end of the week, I took Bandit to a dog training class; not
sure who is getting trained, me or Bandit. But, Bandit seemed to enjoy
himself and we both learned more. Bandit, a young dog continues to improve
his skills of obedience. Later that same day, thinking he needed more
exercise than I could provide by merely walking, we went to a local dog
park. Two dogs, one of which was Bandit, got into a vicious fight; somehow,
the social skills of the two dogs as related to one another were lacking.
They ultimately locked into each other's throats, causing injury to each.
Aside from drawing a bit of blood, each is fine. While I was attempting to
gain control over Bandit, the other dog (an Airedale Terrier) bit my hand.
The veterinarian and the emergency hospital did not seem to be at a loss for
customers.
But, this experience raises an interesting question for lawyers: Have you
learned the social skills needed to be an effective advocate in the
presentation of your client's position? Or, must you be the dominant lawyer
irrespective of the validity of your client's interest? Must you be the
heavy hammer or can you be the silk glove? During my 25 years of practicing
law, one of my greatest frustrations was opposing a lawyer who would not
spend time to research the facts of his/her case in the beginning. This type
of lawyer was the "courthouse steps" kind of lawyer. He was never prepared
to ascertain whether a settlement was available, unless of course the terms
were totally outrageous and beyond the scope of reality. Instead, the lawyer
would posture, seeking an image of dominance until the time of trial, at
which time a settlement was usually created in form and substance much as it
could have been had a discussion taken place in the beginning. The net
result was substantially increased and unnecessary cost to all parties.
The dogs were acting out of animal instinct. What is the reason for lawyers
not being civil, not acting in the best interests of the client, including
financial interest, and not taking the time at the intake to understand and
create a strategy for the case... one which would include early settlement
discussions?
Best wishes,
Ed Poll
lawbiz.com
lawbizblog.com
www.LawBizForum.com
800-837-5880
Please use the URL below to link to this issue:
www.lawbiz.com/nlimages/tip-10-20-09.html
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