Getting into the minds of litigants is no easy task. Few lawyers or lawyers-to-be receive any systematic instruction regarding the psychology of clients. Indeed, although lawyers interact with litigants extensively—often about sensitive matters with serious implications— lawyers frequently have little knowledge about what motivates litigants' decisions about their cases, in part because there is a … Continue reading How do clients choose what to do?
This Thursday, I will be pleased to moderate a panel on productive communication between insurance adjusters and insurance defense counsel. Attorney Jeremy Richter of Webster Henry and claims adjuster Nikki DeWitt of Carolina Casualty Insurance Company will be the panelists at the event sponsored by the CLM’s Alabama chapter. Our discussion will focus on how … Continue reading Repeat listening
Thanks to Anne Ralph, Clinical Professor of Law at the Ohio State University, Michael E. Moritz College of Law, for this guest post reviewing Alan Alda's new book on listening, If I Understood You, Would I Have This Look on My Face? Any lawyer who’s misunderstood (or been misunderstood by) a client, opposing counsel, or … Continue reading Review of Alan Alda’s If I Understood You
What is a “unicorn skill”? It’s a skill that reasonably performing professionals in the field do not have, which is why they are just…reasonable. They can still do their job but are not “A” players. A unicorn skill is thus rarely found, and those who have it stand out as…unicorns. I learned about the term … Continue reading Unicorn lawyers
In-house lawyer @J_Dot_J has described it most directly: Client: You probably have the coolest job. Yes. I stay awake at night, crippled with anxiety and my mind racing, so you don't have to. — JJ Lang Syne (@J_Dot_J) November 4, 2017 A law student once shared a related concept to describe his coping mechanism, especially … Continue reading Lawyer as anxiety filter?
Listen Like a Lawyer is pleased to share this Q&A with executive coach Greg Riggs. Greg is the former general counsel of a Fortune 100 company and he has also serve as Associate Dean at Emory Law School. Greg has devoted his career to professional development and now has a national practice as an executive … Continue reading Executive Coaching for Lawyers as Leaders
Katrina Lee’s new book on the business of law, The Legal Career: Knowing the Business, Thriving in Practice (West 2017), starts by exploring the design of a law-firm office. Lee points out that the law office can be seen as a microcosm of the legal industry: evolution, yes, but also persistent adherence to the old ways. … Continue reading Review: Katrina Lee’s The Legal Career
In-house counsel and anyone who works with them—such as, say, outside counsel—will be interested in the new hashtag, #InHouseTwitter, started this summer by @J_Dot_J. J.J.'s Twitter bio tells us she is an "employment/cyber-security lawyer, mom to a 2-boy wrecking crew, endorsed as 'not half bad.'" She has shared some pithy—sometimes salty—advice from her in-house perspective … Continue reading #InHouseTwitter
Listening and speaking can be empathetic. Even reading (reading literary fiction, that is) is connected with empathy. But what about writing? And specifically, what about legal writing? The textbooks concur that writers are supposed to harness not only logos and ethos but also pathos in their appellate briefs and other persuasive writing. But what about the … Continue reading Emotions in writing
Preparing to write means adopting some kind of routine or even a ritual: get coffee, gather some pads and paper, sit down at the computer, procrastinate a little bit online, and then get to it. Preparing to speak means making notes, practicing to a friendly audience, maybe putting on a lucky piece of jewelry or a … Continue reading Preparing to listen