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Top five things new lawyers should know
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Common professional courtesy is, unfortunately, not commonly taught in law schools. Perhaps it is because many of the professors teaching today's new lawyers either have never practiced law, or have been absent from the practice for years.
More than any single legal skill, the skill set commonly known as "people skills" will get a new lawyer more traction in the legal community than just about any jurisprudential accomplishment a young legal mind might dream up.
Here is a list of the top things a new lawyer should practice when speaking with opposing counsel, judges and court staff:
- Never be hostile. This should go without saying, but often inexperienced lawyers mistake acting in a adversarial role as requiring a measure of hostility. Trust me, it doesn't.
- Smile. It can't hurt. It will either show that you are friendly and trustworthy, or it will show that you are confident. Not bad, huh?
- Use the magic words. Say "please." Say "thank you." You are a lawyer, not a king or queen. You are entitled to nothing by virtue of your high station. The moment you realize that the court clerk is more powerful than you is the moment you start to grow up in law.
- Attribute. Don't take credit for anything, even if you deserve it. You get more mileage by publicly giving somebody else props than by hogging the limelight yourself. No matter how much you puff yourself up, you will never be able to be the biggest or best blowhard, so stop trying and be genuine.
- Listen. The more you do, the easier time you will have making your point. Look at the word "understand." Take it literally. Stand under your opponent. Let them have their say and try to digest their points. Let them diffuse themselves and talk themselves out before you respond. Judges and arbitrators will appreciate it, and your opponent will fall on himself if he is looking for a fight and doesn't find a place to land any blows.
It is better to be a nice person, and to yield while keeping your eye on your goals. You will get there faster, and probably with lower blood pressure. Plus, people will like you and find it harder to hate lawyers because you are one and setting the right example.
