June 2006 - #12. Coach's Corner.

• Author: by Josephine Romano

Vermont Bar Journal

2006.

June 2006 - #12.

Coach's Corner

THE VERMONT BAR JOURNAL #165, Volume 32, No. 1 Spring (June) 2006

Coach's Cornerby Josephine RomanoThe Coach's Corner is brought to you in honor of the personal and professional work and dedication you bring to your clients and the legal profession. It is presented as a support for all lawyers who realize that "the soft skills" are critical to "working yourself happy" and to sustaining a strong and successful business.

Dear Jo:

Twenty years ago lawyers ran the meter to screw their opponent to gain prestige. Now they are doing it to make money. It has become an accepted practice to make money, rather than put your client's best interest first. I never ran the meter. It never dawned on me to even think about doing it. But, when it's done to you, you know it is happening.

What are the signals that tell a lawyer he or she has gone too far and is in competition instead of practicing law?

1. This is an excellent question and one that many lawyers talk about in small circles. It is a sensitive and controversial topic for attorneys and the legal profession. Only the individual lawyer knows the answer for sure.

Answering "yes" to one or more of these ten questions may signal you have gone too far:

1. Am I using tactics that put my and the firm's bottom line ahead of the best interests of my clients?

2. Does stress get the best of me, causing me to fly off the handle, become critical of others, become defensive, and act like a poor team player during negotiations?

3. Am I indecisive and unreliable at times with my colleagues and clients?

4. Do I sometimes lack in truthfulness, or exaggerate and confuse negotiations to intentionally stall progress?

5. Do I ask for delays by filing frivolous discovery motions and motions for continuance, and by throwing another motion in the way to divert trial?

6. Do I purposefully refuse to answer opposing counsel's questions, fail to return phone calls, or make myself unavailable to meet my own needs, notwithstanding my client's interests?

7. Am I someone who likes to play the game of legal chess and draw out the legal process long enough to bring in the most money?

8. Am I running the meter even when I am not doing productive work?

9. Do prestige and money ever cloud my ability to facilitate reasonable results?

10. Do I put winning the case ahead of...