Message from the Chair

• Jurisdiction: United States,Federal
• Author: Scott Stillman
• Publication year: 2023
• Citation: Vol. 37 No. 2

MESSAGE FROM THE CHAIR

AUTHOR^*

Scott Stillman

In nearly every case, something unexpected happens. I still remember one of the first depositions I took. I was representing a waitress who had been sexually assaulted at the restaurant where she worked. A co-worker witnessed the whole incident. Ahead of taking the co-worker's deposition, I spoke to him by phone, during which he corroborated the details of the assault exactly as my client said it happened. I thought, "this should be a pretty simple, run-of-the-mill deposition." But I was in for a surprise.

At the deposition, when I asked him the same questions I had asked on the phone, all his "yes" answers suddenly became "no" answers. Of course, he even denied that he gave me different answers when we had spoken by phone. It was devastating for the case and my client. We had not expected that to happen and we were caught blindsided. Although it was not the outcome we anticipated, we still worked with what we had and settled the case.

For me, the deposition turned into a valuable lesson on the importance of flexibility. As lawyers, what often makes us successful is that we are planners. We like to have an action plan in place that we can execute, whether that be in litigation or counseling a client. But no matter how thought out and detailed the action plan is, twists and turns that we never anticipate will happen—so cultivating the skill of flexibility is key. We need to be able to adjust. As Bruce Lee wisely advised, "be water, my friend."

When I recently reflected on the flexibility lesson I learned above, I began thinking about what other skills or traits make a lawyer most effective. Lots come to mind, but a few rise to the top as being particularly worth discussing.

Do not take things too personally: We all want to be the best advocates possible and we have an obligation to represent clients zealously (while not violating the ethical principles of the profession obviously). However, it is counterproductive to make it personal. This can be hard, especially when we strongly believe that our position is the best and right position. It can also be difficult because labor and employment cases often involve intense, intimate relationships that are very personal. As labor and employment lawyers then, we need to ensure we do not take on our clients' emotions. The best lawyers I have seen do not let the ill-will between the clients impact their relationship with the attorney on the other side. They do not take...