FacebookTwitterLinkedIn
10 10, 2007

ABA Says Collaborative Law Is Ethical

2019-01-16T22:19:53+00:00By |Comments Off on ABA Says Collaborative Law Is Ethical

Some lawyers question whether a lawyer can fulfill her ethical duty to zealously represent her client in a collaborative process where the parties agree to open communication and information sharing. The challenge mainly arises out of the requirement that the lawyer must withdraw from the representation if the collaborative process breaks down, and the parties pursue litigation. In August 2007 the ABA published its Formal Opinion 07-447 about Ethical Considerations in Collaborative Law Practice, and opined that the Collaborative Law process is ethical.

This is an important stride for the Collaborative Law process, and for clients. Today many clients want lawyers to help them resolve disputes without getting so caught up in “winning” that they lose sight of the real interests of the client. Clients know that all-out warfare is often deadly to their health and well-being, as well as to their bank accounts.

The Christian Science Monitor recently published a succinct and informative piece on Collaborative Law and the recent ABA Opinion. If you want more information about Collaborative Law, check out the website of the International Academy of Collaborative Professionals. You can also read an article I wrote a few years ago about the spread of Collaborative Law from family law disputes to business disputes.

Read More
3 05, 2007

The Unwritten Rules for Associates

2007-05-03T15:09:53+00:00By |Comments Off on The Unwritten Rules for Associates

When I was a young associate in a big law firm, I began to fear that there were unwritten rules to the game that everyone knew except me. Sometimes I wanted to cry out, “What are the rules? Just tell me what they are! I’ll follow them!”

Gradually over the years I began to figure them out, one by one, often as the result of transgressing them. Sometimes I was fortunate enough to learn a rule by merely observing the consequences of a transgression by another associate. On rare occasions a more senior associate, or even a partner, would bless me by privately advising me about one of the rules.

Law firms really do want their associates to succeed, so why do they seem to hide the rules of the game? Here are my guesses at a few possible explanations:
[…]

Read More
28 01, 2007

Are You Getting in Your Own Way at the Office?

2007-01-28T13:25:23+00:00By |Comments Off on Are You Getting in Your Own Way at the Office?

    
 
 

Have you ever considered what role you may play in the effective functioning of your office staff? I have worked with lawyers who were unhappy with the performance of their administrative assistants, and who wondered what to do to correct the situation. I have worked with dedicated firm administrators and support staff who were stressing to the breaking point from working with difficult attorneys. Even as a lawyer myself, I learned that at […]
Read More
1 12, 2005

Clues You Can Use to Soothe Clashes

2005-12-01T10:43:48+00:00By |Comments Off on Clues You Can Use to Soothe Clashes

We all have someone we have to deal with who is somehow blocking us from getting what we want. It may be opposing counsel, but it may just as likely be our own partner or a staff member who isn’t performing to our expectations. In those situations our frustration levels mount, and some of us sneer or explode. We go from dealing with a difficult person to being a difficult person.

Many such problems can be solved or prevented if we can improve our communication skills. Here are some ‘clues you can use’ to improve your communication and reduce the conflict in your office.
1. Deal with annoyances while they are small.
This concept particularly applies to people we interact with frequently. Sometimes someone does something that annoys us, inconveniences us or hurts us, but because it is a small matter, we think it would be too petty to bring up. By the time it (or something like it) happens the tenth time, we have a big stack of grievances to address, and our emotions run high. We appear to react out of proportion to the incident, but actually we are reacting to ten incidents. Ambrose Bierce, an American author and newspaper columnist, said, ‘Speak when you are angry and you will make the best speech you will ever regret.’ If we simply address the issue the first or second time it occurs, we usually can discuss it calmly, casually and without a lot of emotional investment.

[…]

Read More
1 09, 2005

Behavior Styles Affect Communication

2005-09-01T10:54:42+00:00By |Comments Off on Behavior Styles Affect Communication

“I ask you what time it is, and you tell me how to build a clock!” John said with exasperation. Ben felt confused and, frankly, a little hurt. He just wanted to make sure John had all the facts before making his decision.
***
“What am I supposed to do with this?” Carol asked.
“You file it with the county clerk,” Glen responded.
“I don’t understand, ” Carol said, furrowing her brow.
“You file it with the county clerk,” Glen repeated.
“What do you mean?” Carol said, raising her voice a little.
“You file it with the county clerk,” Glen said slowly and distinctly. Then he turned and walked into his office, feeling exasperated.

[…]

Read More
1 02, 2005

Returning Civility to Your Civil Practice:

2019-02-10T23:15:54+00:00By |Comments Off on Returning Civility to Your Civil Practice:

“When I graduated from law school I was proud and excited to be a lawyer, but 20 years later I leave the office every day feeling battered and bruised I feel like the proverbial kicked dog.” Those were the words of one of my clients, a bright and successful trial lawyer.
Are you on the verge of burnout from the escalating incivility in your civil practice? Thanks to the pioneering efforts of some family lawyers, there may be a solution on the horizon.
Minnesota lawyer, Stuart Webb, the “Father of Collaborative Law”, was burning out after 8 years of civil practice followed by 17 years of family law practice. Before giving up and shutting down his firm, however, he began experimenting with new ways of trying to resolve family law disputes, and Collaborative Law was born.

[…]

Read More
1 10, 2004

DISCover the Behavior Patterns of Clients, Potential Jurors

2019-02-10T23:15:54+00:00By |Comments Off on DISCover the Behavior Patterns of Clients, Potential Jurors

Does someone in the firm just rub you the wrong way? Tempted to snarl, “Get to the point!” to that smiley, gabby assistant? Does it drive you crazy that someone works slowly and methodically on one project at a time? Or do you feel like firm co-workers are cold and abrupt? You may be experiencing the friction of your firm co-workers’ differing behavioral styles.

In 1928, William Marston, a Harvard University psychologist, published a study that demonstrated that most people tend to have behavior patterns that fall into one or more of four different categories, together known as DISC: D for dominance, I for influence, S for steadiness and C for conscientiousness. The DISC behavior patterns are easy to learn and easy to recognize. Lawyers who understand DISC behavior patterns are better able to eliminate some of the friction in working relationships at the firm, enhance jury selection and improve rainmaking skills.

Here’s an example: By understanding DISC, John Doe, one of my lawyer clients, revolutionized a struggling relationship with his boss. The boss rarely had time for Doe to brief him on the status of projects. Then he would appear unexpectedly, ask a lot of pointed questions and tell Doe to change his course of action. The boss seemed suspicious and distrustful of Doe, who in turn felt boxed in, criticized and undervalued. Doe’s dominant DISC behavior pattern style was influence. T folks are people-oriented, talkative and friendly. They like to motivate and persuade. Often, they are good communicators, although they may tend toward telling long-winded stories. In fact, Doe’s boss once complained to him, “I ask you what time it is, and you tell me how to build a clock.” “people like flexibility and freedom from control. They dislike following up on details, and their greatest fear is personal rejection.
[…]

Read More
Toggle Sliding Bar Area

 

Make an Appointment

 

Setting goals for
your life and career?


Click here for an Evaluation & Goal Setting questionnaire to help you hit your targets.

Go to Top