Comments from the Chair

• Author: By Kristine A. Kubes
• Pages: 4-4

THE CONSTRUCTION LAWYER4Spring 2020

COMMENTS FROM THE CHAIR

Kristine A. Kubes

Published in The Construction Lawyer, Volume 40, Number 2, Spring 2020. © 2020 American Bar Association. Reproduced with permission. All rights reserved. This information or any portion

thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

Making a Difference with Civility

By Kristine A. Kubes

Kristine A. Kubes is a principal and mediator with Kubes

Law Ofce in Minneapolis and chair of the Forum.

Connect with her on LinkedIn, Twitter, kubeslaw.com,

and Facebook.

“That’s different.” “That

makes no difference.” “Look

what a positive difference

that makes!” “I see it dif-

ferently.” “We all can’t be

the same!” “Let’s hear an

alternate viewpoint.” “We

don’t think the same—this

isn’t going to work.” “We

don’t think the same—we

complement one another!”

Differences are part of life.

In some contexts, differ-

ences are problematic—they

lead to disputes, breakdowns in communications, broken

relationships, hurt feelings, lawsuits, people excluded. In

other contexts, differences are celebrated and essential.

Companies tout the unique qualities of their products

to distinguish themselves and improve their position in

the marketplace. Candidates for ofce or for a job iden-

tify differences that separate them from their peers and

demonstrate tness for service. Or consider teamwork,

where inclusion of contrasting perspectives leads mem-

bers to view a situation from different angles and develop

a stronger solution.

For lawyers, differences make the world go ’round.

Litigators distinguish the facts as they argue their cases.

Most construction lawyers spend their professional lives

helping parties work out their differences—be it formally

in mediation or litigation or when handling day-to-day

scenarios like building consensus in multiparty cases,

navigating discovery disputes, negotiating contracts, or

working with difcult people. With ethical obligations for

civility, respect, and professionalism, lawyers are uniquely

qualied to bring those attributes into any process where

people are trying to work out their differences.

These ethical obligations keep civility and profes-

sionalism evergreen topics for lawyers. The Forum on

Construction Law is focusing on professional practice

this bar year, highlighting ways that we as lawyers can

make a positive difference in our respective practices and

environments through civility, professionalism, and inclu-

sion—one person, one interaction at a time.

I raise these points in this issue focused on ADR

because the need for civility and professionalism now is

profound—not only in construction litigation and ADR

but wherever disputes and differences arise.

We as lawyers must bring civility and professionalism

to our cases and to service in the civic arena. Consider

the venues that could benet from an infusion of civil-

ity—government, neighborhood, school, charity, or family.

Whenever two or more parties are gathered, differing view-

points and a critical need for help in understanding one

another may arise. Lawyers have the unique opportunity to

make a positive difference by infusing civility and respect

into the process, helping people be heard.

The Forum models ways to nd common ground and

overcome differences to work for the common good. It is

the world’s largest organization of construction lawyers,

with members from every type of rm and afliation,

from large rm lawyer to solo practitioner; in-house

counsel to private rm member; government lawyers

to international lawyers. Moreover, the Forum has 14

Divisions that represent every aspect of construction and

design—from owners to lenders to government entities,

from general contractors to subs/suppliers or design pro-

fessionals, and from domestic to international interests.

These same lawyers nd a way to put their common

interests before all else—to work together to educate

colleagues on construction law developments across the

board. We do not favor issues important to one corner

of the nation over another. Nor do we favor one market

sector over another. The Forum intentionally does not

get into the fray of political issues but rather fosters the

common ground that unites the profession and the indus-

try. In this way, the Forum models how lawyers and their

clients with differing interests and viewpoints can work

together effectively toward a common goal.

I invite you to consider how you as a lawyer can make

a positive difference in the Forum, the profession, and

your community. The Forum is “Building the Best Con-

struction Lawyers” so we can uphold the Constitution,

support the rule of law, and serve as role models for ethi-

cal and civil practitioners. We carry these responsibilities

with us always, on construction sites, in ofces and court-

rooms, or at community events.

Consider the positive impact that all Forum members

could have if we stood for respect, civility, and inclusion

every day when helping people work out their differences.

The Forum’s impact for the good would be remarkable—

one conict, one interaction, one community at a time.

Please join me in this effort to make a difference. #inclu-

sionstartswithi #wethepeople #civility