by Wilton H. Strickland

It often feels as if nothing is durable or reliable anymore. A light bulb that was first switched on in 1901 continues to burn in a California fire station, but the bulbs we buy today die out in a matter of weeks. Furniture falls apart and rarely gets passed down through generations. Doing business on only a handshake has become extremely unwise. Friendship and romance are fleeting.

In a world where just about everything has become cheap and disposable, attorneys should resist the temptation to go with the flow or seek maximum reward for minimal effort. The practice of law is not merely a product or a service like any other. It is a calling, one of the oldest and highest, and it has the power to make or break individuals, families, or entire societies. Anyone who has worked hard enough to earn the privilege to practice law has a golden opportunity to swim against the tide, set an example, and help restore people’s faith that some things are sacred and more important than turning a buck.

From my perspective as someone who practiced litigation for thirteen years and has focused on researching and writing for six, here are my tips for how to go the extra mile. Other attorneys with different backgrounds and experiences likely have their own tips to share, and I encourage them to do so.

Provide An Initial Consultation That Is Free And Thorough

People are often anxious, frightened, or even frantic when searching for an attorney. If someone reaches out to you, set aside a few minutes to listen patiently to what the person has to say and give a thoughtful assessment of whether and how you might be able to help. Granted, you can qualify your remarks by stressing that you do not have the benefit of all the facts and do not wish to establish an attorney-client relationship until you do, but you still can be of some assistance and perhaps put the person at ease. If you do not believe you can help, offer to look for an attorney who can.

The importance of doing this hit home for me on one occasion when I was searching for an attorney to handle a personal matter. When I contacted attorneys on the phone, they often sounded impatient and rushed the conversation, as if they wouldn’t bother to offer even the most minimal assistance without being paid. As someone who can afford an attorney, I was amazed that they were hardly even trying to earn my trust or confidence. I could only imagine how they treated people of modest means, and I soon decided to handle the matter myself (an option many people do not enjoy).

Check Your Ego

It is an open secret that attorneys tend to have oversized egos, and I would venture this is even more true in the realm of litigation. Litigators have a burning need to show that they are the toughest and smartest people in the room. While it’s certainly good to be a zealous advocate, there comes a point where your ego does more harm than good for your client.

For example, in my early years as an associate in a high-powered law firm, a partner told me to speak to an opposing counsel about settling a contentious case. The partner had been arguing with the opposing counsel for weeks and had grown so hostile that he wouldn’t even talk to the man anymore. I called the opposing counsel up, listened calmly to what he had to say, laid out what the client was willing and able to do, and within minutes we had reached a tentative settlement that the client shortly approved. The partner was so intent on proving his status as top dog that he had forgotten the point of the whole exercise.

On a more recent occasion, I made a sincere but futile attempt to settle a boundary dispute. The opposing counsel sent me a letter arguing that his client was legally in the right and would not compromise in any way. I researched the cited authorities, performed some research of my own, and replied with a letter demonstrating that my client truly was in the right and that a settlement was far preferable to litigation. The opposing counsel contacted me by phone and admitted that my analysis was correct. While I was preparing the settlement, however, he went ahead and filed a declaratory action asserting the very theory that he knew was flawed. He might feel better about himself, but now both of our clients are spending a large amount of money for no good reason.

Long story short, remember that your goal is to serve your client, not to satisfy your ego.

Moderate Your Language And Your Tone

Class is not something you buy, but it is priceless when acquired. An easy way to acquire class is to avoid needless profanity and hostility.

I admit being somewhat of an anachronism in this regard, but I believe profanity is degrading in most circumstances. We do not urinate, defecate, or procreate in public, so there is no need to evoke such imagery in public either. Even if most of the public now disagrees with my viewpoint, attorneys pride ourselves on being a cut above, so we might as well act like it and keep our language as clean and classy as possible.

As for hostility, all of us get worked up occasionally, and there are moments that demand righteous indignation. Gratuitous outbursts, though, demean you as well as the profession. Our mission is to bring civility to situations where it otherwise would not exist. Shouting, insults, and threats do not accomplish this and make you appear petty and weak rather than strong. Strong people do not feel the urge to prove it; they just are. Theodore Roosevelt was a strong man, and despite washing out of law school he wisely counseled to “speak softly but carry a big stick, you will go far.”

Don’t Hold Back On An Argument That Might Win Some Or All Of The Case Early

Attorneys sometimes pull their punches when finding valid grounds to bring a motion to dismiss or similar relief that can dispose of some or all of a complaint in the early stages of a case. I often hear that the judge is unlikely to grant the relief, or that it’s unwise to reveal one’s strategy, or even the naked admission that it’s better to keep a file open as long as possible.

Stop it. If the allegations, facts, and the law entitle you to relief, you have an obligation to be a zealous advocate and seek it unless the client instructs otherwise. Judges are willing and able to grant dispositive motions where warranted. It would be just as irresponsible to bring a frivolous motion as to avoid bringing a valid one, especially where it might save your client a large amount of money and worry.

Take The Time To Read Case Law In Its Entirety

Whenever case law is cited to support an argument, whether by you or the opposing counsel, read it from start to finish rather than gloss over the headnotes. Headnotes are editorial remarks that do not capture the essence of a decision, and they sometimes even contradict it. I have lost count of the number of times I have reviewed decisions cited by the opposition that actually help me. That’s an embarrassing mistake you don’t want to make. Even when a decision is unfavorable, reading it thoroughly can point the way to other authorities that will help.

I hasten to add that you should make sure to read the dissent if there happens to be one. Attorneys often disregard the dissent because it is not the controlling opinion and has no force, but the dissent can accomplish at least two very valuable things: 1) shed light on the nature and scope of the controlling opinion; and 2) resemble the argument of the opposing counsel. It is very compelling when you establish that the opposing counsel is making an argument that matches the dissent in a relevant decision; after all, if the dissent did not prevail, neither should the party parroting the dissent’s viewpoint.

Do Not Delegate Legal Research And Writing To Non-Attorneys

Attorneys are busy people. As busy people, they do not always have time to research and write their own pleadings, motions, or other legal documents (a fact of life that lies at the heart of my current practice). The temptation is to delegate research and writing to someone who does not practice law, for instance a paralegal, in an effort to save time and money. This is a temptation you should resist.

Paralegals work very hard and are vital to most law firms. With all due respect, though, paralegals should not research and write legal documents. Even drafting up a simple complaint requires an understanding of how to establish personal jurisdiction, subject matter jurisdiction, and venue; what sorts of claims are triggered by the known facts; what sorts of claims may be pleaded together; what sorts of allegations are necessary, helpful, or harmful to the claims; what level of specificity is required; what sorts of damages or other relief may be warranted; what sorts of defenses might be asserted; or whether the claims fail to state a valid cause of action.

A person without formal legal training is not in a good position to do this, let alone to prepare more complicated documents such as motions, contracts, or wills. You might save a few dollars on the front end by cutting corners, but you are doing a disservice to your client and exposing him or her to an even larger potential expense when the errors come home to roost.

Personally Review All Documents That Leave The Office Bearing Your Signature

This is related to my previous point about delegating work, which can be unavoidable on many occasions (such as when drafting correspondence).

Be that as it may, you should take the time to review any document that will be leaving your office and bearing your signature. Do not simply sign on the dotted line, but rather make sure that the document says what you mean it to say. It can be embarrassing if you do not appear to know the difference between “tortious” and “tortuous,” and it can be downright dangerous if a settlement or release is worded improperly.

Respond To Messages Promptly

It is rude to ignore a message or delay significantly in responding to one. While rudeness of this kind appears to be an entrenched fact of modern life, it offers yet another opportunity for attorneys to distinguish ourselves by rising above it and responding to messages promptly. If you are extremely busy at the moment, you can say so and indicate that you will give a more thorough response as soon as possible.

Make Your Word Your Bond

Although you may not be able to count on most people to keep their promises, you should resolve to keep your own. Doing this regardless of the inconvenience it might cause will inspire trust and burnish the image of our profession, which needs it.

Conclusion

I am no paragon of virtue, as I often make the mistakes that I warn against. My goal with this article is to remind myself and other attorneys to strive to be more than mere tradespeople. We are supposed to be stewards of the law and its noble ideals, so may we all work hard to prove ourselves worthy.