Professionalism, ethics,
collegiality and civility in the legal profession are essential to a
successful, reputable, and fulfilling career.
Many lawyers, however, lose sight of these fundamental principles along
the way. It is therefore important,
especially as a new lawyer, to ensure that such principles are integral to your
day-to-day practice from the beginning.
Whether as a transactional attorney or a
litigator, we are all ethically
obligated to zealously represent our clients’ interests. The law is also a stressful profession. Given these realities, it is exceedingly easy
to lose track of our equally important responsibilities to each other and to
the bar, especially when those around us may be losing track. We cannot lose sight of the importance of
interacting with our fellow attorneys with courtesy, dignity and respect, and
honoring our obligations as officers of the court. Indeed, while, at first blush, there may
appear to be a tension between zealous advocacy and the stress of our work, on
the one hand, and collegiality, on the other, a commitment to professionalism,
in practice, will result in better outcomes for clients, and make the practice
of law more pleasant and fulfilling, and less stressful for us all. Balancing these imperatives can be
particularly difficult for new lawyers because, despite the many eponymous
courses in law school, there is no real way to teach professionalism. How to maintain professionalism can only be
learned through experience and example.
Below are some helpful guidelines for new lawyers, or really all
lawyers, to consider in our quest to achieve and maintain the high standards
necessary to develop a successful legal practice and foster collegiality and
civility in the bar.
1. Be
prepared. Always, always show up
prepared. There is no excuse or
alternative. Our occupation demands
it. Preparedness invites respect,
professionalism, and ultimately success.
Especially as a new lawyer, you are demonstrating to opposing counsel
that you are ready, willing, and able to stand where you are standing,
regardless of how high your BBO number may be.
In turn, counsel will see you more as an equal and not some “newbie” to
strong arm, intimidate, or take advantage of, because we all know that these
tactics do and will happen from time to time.
2. Be
confident. If you are prepared, you
should be confident. Demonstrating
confidence goes a long way in front of your clients, opposing parties, and
other counsel. If opposing counsel knows
you are prepared and confident in your position, he or she is more likely to
treat you with respect and acknowledge an equal playing field, no matter what
the age difference or varying experience level may be between you. This will lead to more productive
interactions and ultimately resolutions.
3. Be
Patient. Patience is definitely a
virtue in our profession. It can be so
difficult to take a step back or bite your tongue when you are not being
treated professionally. Everyone will
experience that lawyer in their career who will be just downright awful to
them. It is in these situations where
you take a deep breath and respond in a professional and civil manner (and then
just walk away when need be). There may be times when you do need to leave the
situation to give everyone a breather, but always do so with your head held
high. There is no sense in rushing
things with an angry opposing counsel on the other side who is being “overly
zealous.” Likewise, even if another
attorney sends an objectively offensive email, or otherwise acts offensively,
do not react out of anger – always wait until you have calmed down to respond.
4. Hold
your ground. You are retained by
your client to counsel and advocate for them.
You know what is best for your client and you know the goals you are
trying to accomplish. Always advocate in
a respectful and courteous manner, even if the other side in not playing the
same way. Such bullying tactics are used
many times on new lawyers to intimidate them to back down or not speak their
position. Always hold your ground and it
will make it difficult for other lawyers to prevent you from being the best
possible lawyer you can for your client.
5. Take
the high road. It can be so
difficult not to take the bait when another lawyer is being discourteous or
just plain obnoxious. An objective from
day one of your practice should always be to never compromise when it comes to
professionalism. Never compromise your
integrity, respect, beliefs, or standards.
It is okay to compromise your legal position – that is what lawyers do
to resolve cases - but never compromise your fundamental values as a lawyer or
a person in this profession.
6. Know
when you are over your head. Unfortunately,
we may find ourselves in a situation that we cannot handle on our own,
especially as a new lawyer. Always know
when to reach out to a colleague, partner, or mentor for sound advice on how to
handle a situation or another lawyer.
They will be happy to help, it will result in a better outcome, and you
will learn from the experience and wisdom you are being offered.
7. Be
Human. Believe it or not, lawyers
are people too. There are times when
other lawyers, including adversaries, are having a difficult time, either
professionally or personally. It could
be a difficult client, colleague, decision, or something outside of the
office. Always be compassionate,
reasonable, and understanding because you too will be in a similar situation
many times throughout your career.
Always be professional and courteous by agreeing to reasonable
extensions and other requests. Of course
do not let the other side take advantage of you and always do what is best for
your client, but being a good person will make you an even better lawyer.
8. Pick
a role model to follow by example. There
many examples of both “good” and “bad” lawyers.
The best way to learn is to learn by example. This is a difficult profession, which
requires a mix of intelligence, persuasiveness, objectiveness, and
aggressiveness in order to succeed. A
lawyer does not have to be disrespectful, unethical, or intolerable to achieve
these goals. Pick someone you admire as
a lawyer and as a person, and observe how he or she handles all types of
situations with his or her adversaries and colleagues and emulate that
behavior. Also take notice of the ones
who do not do it well to learn why they are not effective and why others do not
respect their behavior.
9. Pick
up the phone. In this day and age,
no one wants to talk. Almost all
communications are done through email or other electronic means. Email “wars” are common, and we all have sent
something we regretted later, especially from our phone. When you are having a dispute with opposing
counsel or a disagreement with a colleague over something, pick up the phone or
walk down the hall. Hearing each other’s
voice or looking into each other’s eyes demands more courtesy and respect (at
least it should) then hiding behind your words in an email. Difficult disputes are more likely to be
resolved over a conversation than an email.
Take the extra ten minutes to pick up the phone or have a face-to-face
discussion – it will almost always result in a quicker, more satisfying outcome.
10. Follow the Golden Rule. This is the most important tip of them
all! When presented with a difficult
situation, always stop and think to yourself how would I want to be treated. The key is to take a few seconds and process
this thought. No one wants to be treated
poorly, unprofessionally, or with disrespect, no matter how they may act
towards others. If you follow this one
simple rule, you are on your way to earning the respect of your colleagues and
a successful career and reputation.
