Archive for June, 2011

I have found the on-going National Football League labor talks absolutely fascinating. The fits and stops and starts that have accompanied efforts by owners and players to resolve their differences play out like a soap opera. In previous blogs I have commented on this negotiation process.

There was an important hearing on June 3. With the possibility that the judge’s pending ruling may be none too pleasing for both sides, talks have gotten serious. Over the last several days, intense negotiations have been occurring in a secret location between the players’ representative, DeMaurice Smith, and various owners along with the NFL Commissioner Roger Goodell. Most notably, these sessions have occurred without the presence of the attorneys for both sides. Significant progress was being made. By Tuesday, June 14,  it was decided that the attorneys should return to help address and  iron out the complex details of a possible resolution.

BAM! According to an ESPN.com report, things immediately went sideways – to the point where Mr. Smith apparently had to instruct  his attorneys to “stand down” – in short, leave the room. At that point, with the attorneys in absentia, it appears discussions calmed down and returned to their former productive ways. It was made clear in the report that at some point the attorneys will need to re-enter the picture to place any agreement into appropriate binding legalese.

So, what does this tell us? It tells us this: your attorney is your employee, not the other way around.

It is often a profound struggle for attorneys to “lead from behind” – to get out of their own way and empower their clients to make informed choices and decisions. It is practically in a lawyer’s DNA to be in charge – to direct the drama, control the agenda, and dictate the outcome.

I teach a course at Seattle University School of Law called: “Client Counseling & Negotiation”. I teach my students that lawyers are most effective when they serve the role of “Counselors at Law”. This means working in effect as a team with their clients for the purpose of helping them reach resolutions that address their authentic needs and interests, with the recognition that a durable agreement needs to address the interests of both sides.

If you are on a journey through a divorce or other family law matter, remember: you are in charge. It is your life and your resolution. Make sure you choose an attorney who truly listens to you and helps you discover and understand your priorities, needs and concerns – and then works with you to help your reach a satisfactory resolution that meets those needs.