Does your corporate attorney make you feel like this?

Rosa Say posted a great article on Talking Story recently that highlights the ever-growing fear of litigation in the work place. I posted a comment to that article, but as an MBA/JD who has lived both sides of this problem, I felt the need to weigh in with a more detailed analysis of the underlying issue. In short: law is taught as the theory of worst-case scenarios rather than the practice of best-case scenarios.
Ok, so what does that mean? Basically, law students are taught to worry. They read case after case of appalling tragedy, neglect, ignorance, incompetence, and downright cruelty. Over and over again they are shown the very worst that can happen, presented without any reference to the vast majority of reasonable human beings who happen to find themselves in conflict from time to time and yet somehow manage to resolve their differences without ever once resorting to fraud, kidnapping, violence, bloodshed, or even calling their attorney.
The scales are a wonderful symbol for the legal profession, but only rarely do they represent the ideal of achieving balance. Far more often, they represent the process of weighing one side against the other in a win-lose battle of wills, and this is the "reality" that lawyers are taught. (If you think this is a necessary reality, think again. This reality only exists because it is constantly created by the people who are taught to believe in it. For more insight into the process of creating reality, read Chris Bailey's post on "lucidity" at the Alchemy of Soulful Work.)
Over time, most lawyers learn that tragedy is the exception rather than the rule, and good lawyers learn to raise valid concerns within a balanced context, without overstating the dangers or terrifying their clients. If you work with a lawyer like this, hold on to that relationship with both hands and count your blessings. If you don't, consider trying to find one.
But what if you're stuck with an in-house attorney who raises the ugly specter of litigation on a regular basis and leaves you with pronounced feelings of self-doubt and insecurity? First, try to remember that this poor human being was probably trained to worry excessively at a relatively tender age and may never grow out of it. I'm not saying they can't or won't grow out of it. Hope springs eternal. But be aware that they might not. The good news is that their ulcers and heart attacks need not become yours.
One thing you can do is to learn as much as you can for yourself about the legal implications of your job decisions so that you can ask intelligent questions. Engage in an active dialog with your attorney in order to enhance your own view of the situation. Also, remember that your attorney is trained in the law but might not be aware of the nuances of personality involved in any given conflict. If you know the people involved, your own insights into their emotional motivations can provide critical information that your attorney lacks. Sharing these insights can help your lawyer to provide you with a more thoroughly informed opinion.
Finally, remember that an attorney is trained to plan for the worst possible scenario, and not all attorneys manage to make the shift into creating anything else. If you are dedicated to visualizing and manifesting the best possible scenario for all parties, then share that intention with your attorney. Remember, ultimately your attorney is motivated to represent your interests. He or she works for you, not vice versa. If your interests (or the interests of your company) include the well-being of all concerned parties, then your job is to ask your attorney's advice on how to bring about the best possible result for everyone.
If you are having trouble communicating this intention, try putting it in terms that the lawyer can more easily understand. Explain your tangible interests in a long-term relationship with the other parties involved. Explore how various solutions, from hostile to amicable, could affect your company's reputation among its vendors, customers, employees, and shareholders. Show your attorney how the other parties' interests are ultimately intertwined with your own. Your lawyer may understand the law, but you understand your business. Make your lawyer aware of these "big picture" concerns, and he or she will work with you to take them into account.



























Comments (2)
Hmm, I never thought about lawyers this way, but I think you're right.
The worst-case scenario is taught because the thinking is that, if lawyers know what to do in the worst case, they'll automatically know what to do in all the cases that are less bad than the worst case.
But as you point out, this assumption is a false one. Just because a lawyer knows what to do when disaster strikes doesn't necessarily mean that he knows how to react appropriately to a good case, or even simply a worrisome case--the result being that these minor issues could end up being a worst case (thereby putting your lawyer back in his comfort zone, and landing you in the hot seat).
Posted by Kris | October 18, 2005 2:58 PM
Posted on October 18, 2005 14:58
Yes, all too often we allow our worries to create the very conditions that we fear the most. We prepare for disaster, and that's what we get!
Imagine, though, what we could create together if we approached every human interaction with the intent of creating a mutually beneficial result, and if we approached every human being with the understanding that they, too, long for such a solution! Now that's the world I want to live in!
- EM
Posted by EM Sky | October 18, 2005 11:45 PM
Posted on October 18, 2005 23:45