civility and the practice of law
My friend, lawyer and mediator David Abeshouse, has a great article on civility and negotiations in the current run of GPSolo Magazine. David opens with the apt observation that the “degree to which one employs ordinary civility in negotiations often has a marked effect on the bottom-line result. It also can make life more pleasant, even in fundamentally adversarial situations.” He goes on to note that the all-too-common tactic of venting with booming voice and expletives typically works against lawyers trying to negotiate favorable outcomes for their clients. It also negatively impacts our credibility. David ends by pointing out that opting for civility in our daily dealings can be infectious – when we treat fellow practitioners and business associates with common courtesy, they’re more likely to respond in kind to us and others. In proper goose-gander form, the same edition of GPSolo offers this article providing tips for dealing with “the civility-challenged attorney or judge.” It makes some solid points and includes handy references to Web and other resources available to help us decipher and report unethical conduct.
Excellent article and excellent post, as always. Right on the money.
A lawyer should act at all times as if he's being filmed, and the film will be shown to his mother. Whether in a settlement negotiation, deposition, argument in court, or cross examination, acting like a jerk only makes the lawyer look bad and hurts his client's case.
Be calm, collected, and polite. It can only help your client's case--and your future business.
Happy holidays, Arnie.