lawyers and emotions
This article and this one focus on the role of emotions in mediation, but their message also applies to the various conflicts and negotiations lawyers handle daily. According to the articles, our clients suffer when we disregard their emotions as inconsequential to the resolution of their legal matters. They also caution that lawyers “need to identify our own emotional barriers that undermine our effectiveness.” The requisite emotional savvy arises from an awareness and understanding of our own emotional “footprints” – our historical patterns of handling emotions. It also rests on our ability to track and identify “footprints” belonging to our clients and adversaries. As I’ve transitioned from large firm to solo work, I’ve become increasingly aware of the interplay between the everyday practice of law and emotions. While I’ve received a terrific on-the-job education on this front, I believe that it’s really the province of law schools and continuing education forums to sensitize practitioners to the emotional component of practicing law.
I have a large family law practice and can attest to a range of emotions at mediations sessions. I've always said that the "law" in family law is the easy part -- it's the emotional clients that make the practice challenging.
Al Nye