Reducing Conflict in Law Practice Archives

4 11, 2014

“We Have Met the Enemy, and He is Us”

2019-02-21T23:25:16+00:00By Debra L. Bruce, JD, PCC.|1 Comment

When you’re searching for solutions to personnel problems in the office, take steps to make sure you have accurately identified the source of the problem.You need to uncover obstacles to good performance by your office staff by being sure they have the necessary training, optimal equipment and clear instructions.

What if you’ve done all of these things, but you’re still getting poor performance? Is it time to terminate him? Perhaps. Perhaps not.

Have you had difficulty finding anyone who could perform these job responsibilities well? Have you had trouble keeping the talent who did perform well? You might first verify that you are paying a competitive salary. If you are underpaying the market, talented personnel may not be attracted to the position, or they may parlay the experience and training they get in your office to a higher paying job. […]

2 09, 2014

Humorous Client Misconceptions

2024-11-03T00:38:33+00:00By Debra L. Bruce, JD, PCC.|Comments Off on Humorous Client Misconceptions

Judge throws up his hands in confusion over plaintiff's request Clients get confused sometimes and we are all aware of how that can lead to misunderstandings. However, many of their misconceptions are quite humorous and I have compiled several of these for today’s post. Hopefully this will offer you a little break from your daily grind while you read some of their “ideas” about their cases. If you are a new lawyer, perhaps this information can help you head off some misunderstandings in the future.

First, some misconceptions about domestic relations matters:

1. I don’t need to negotiate with my spouse. The Domestic Relations Court will resolve my case and my problems.

2. Joint custody or shared parenting automatically means we will split time with the children on a 50/50 basis.

3. Since the divorce wasn’t my idea, I shouldn’t have to endure changes to my lifestyle, like selling the house, getting a job or experiencing a lower standard of living. […]

17 09, 2013

Why Can’t We Listen?

2019-02-22T23:23:18+00:00By Debra L. Bruce, JD, PCC.|Comments Off on Why Can’t We Listen?

20130916 Stephen Scholl Introducing guest blogger – Stephen Scholl

Stephen G. Scholl is a 40-year veteran civil trial attorney who today helps people resolve business and interpersonal conflict without litigation. As a Peacemaker, he employs innovative approaches that promote healing and restoration of relationships that have been compromised in legal disputes. To learn more about Peacemaking visit www.solveconflict.com or contact steve@solveconflict.com.

When I’m in conflict with another person, listening is tough. Voices and tensions escalate as the dispute heats up. Each of us concludes that the other is tuning out. What happens? We keep repeating our positions, hoping that the other side will finally “get it.” In this pattern, either the conflict will intensify further or issues will get stuffed into inventory. Inability to listen is a major contributor to the deepening of conflict. […]

12 02, 2013

Picking the Wrong Clients? You Can’t Blame the Wreck on the Train

2019-03-20T22:20:16+00:00By Debra L. Bruce, JD, PCC.|2 Comments

Lyrics from the song: “You Can’t Blame the Wreck on the Train” by Terri Sharp:

“When the gates are all down
And the signals are flashing
And the whistle is screaming in vain,
And you stay on the tracks, ignoring the facts
Well then, you can’t blame the wreck on the train.”

Almost all lawyers have rued their decision to take on some client, and with hindsight can recognize the warning signs that they disregarded. Many of us learned our lessons the hard way, but you don’t have to. Well…you probably will learn the hard way that a difficult client can cause you a lot more harm than the lost fees you wind up writing off. But after one such experience, if you ignore these warning signs, then you can’t blame the wreck on the train. […]

10 05, 2012

Reducing Culture Clashes in a Small Firm Merger

2019-03-19T21:32:16+00:00By Debra L. Bruce, JD, PCC.|Comments Off on Reducing Culture Clashes in a Small Firm Merger

“We’re thinking about combining our firm of three lawyers with another small law firm. Do you have any guidance for us on what to consider in making our decision?” Clients ask me questions like this more frequently these days.

In some cases, a booming law practice has rainmakers looking for experienced help. Some senior lawyers in solo and small firms consider mergers as they begin thinking about succession planning. Sometimes young lawyers with developing practices seek to cut per capita overhead by spreading fixed costs across more fee earners. For some small firms, the merger mania in BigLaw has stimulated them to consider their options.

When contemplating a merger, many risks and rewards must be considered and due diligence investigations should be conducted. Culture clashes undermine mergers more frequently than any other factor, however.

When there are only 5 lawyers in the whole office, common values become even more critical. There is nowhere to hide. Variances in strongly held beliefs and values tend to grow from cracks to chasms. They can threaten the productivity, health and work satisfaction of everyone in the office, as well as the success of the firm as a whole.

Fortunately, with fewer people involved in a small firm, it can be a little easier to identify and discuss issues that may develop into rifts in a law firm partnership. Here are a few subjects to discuss.

1. What is your attitude toward money and the firm’s fiscal policy? Do you advocate leveraging debt to help the firm advance quickly and to weather dry spells? Or do you prefer a more conservative pay-as-you-go approach, relying on partners for any bridge loans required during slower periods? […]

10 06, 2008

The Trouble with Email

2008-06-10T16:58:41+00:00By Debra L. Bruce, JD, PCC.|Comments Off on The Trouble with Email

“I send out this simple, straight-forward email, then I get all this negative reaction. I don’t get it.”

Misconstrued Emails

Lawyers and law firm administrators that I coach report this to me a lot. Emails are informal and easy to send quickly, so we often zip them off without rereading them to see how they might sound to the reader. The recipients of the email then supply the tone of voice, cadence and volume to it, which can dramatically affect the tenor of the message.

We send out something like “Don’t forget to sign up by Tuesday!” In our minds we hear the polite, encouraging voice of a flight attendant on the intercom reminding us to keep our seatbelts fastened during the flight. Our reader, however, hears the edgy voice of an eighth grade math teacher admonishing an unruly class. If there is any history of friction or conflict between sender and reader (as frequently happens with opposing counsel, subordinates who have been “counseled” or partners in competition for firm resources), the reader may hear the threatening bark of a drill sergeant.

Why is that? Most of us can’t type as fast as we can speak, so we tend toward brevity and directness in our emails. Brevity in conversation often comes across as curt, disinterested, rude or commanding, unless we soften it with a cheery or concerned tone. In email, the reader inserts the tone themselves, and they often don’t supply the most cordial tone.

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21 04, 2008

Clues You Can Use to Soothe Clashes

2008-04-21T15:47:31+00:00By Debra L. Bruce, JD, PCC.|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.

[…]

10 10, 2007

ABA Says Collaborative Law Is Ethical

2019-01-16T22:19:53+00:00By Debra L. Bruce, JD, PCC.|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 gettingÂ 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.

28 01, 2007

Are You Getting in Your Own Way at the Office?

2007-01-28T13:25:23+00:00By Debra L. Bruce, JD, PCC.|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 […]

1 12, 2005

Clues You Can Use to Soothe Clashes

2005-12-01T10:43:48+00:00By Debra L. Bruce, JD, PCC.|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.

[…]

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