Archive for the ‘Client Counseling’ Category

I’ll admit I’m rapidly becoming an “old timer”. Heck, I just reached a birthday milestone which allows me to gleefully assert my right to senior citizen discounts at the local multiplex.

And with age, comes wisdom. Let me explain.

There was a time many moons ago when, in the very first interview with a client I had not before met, I would spend an hour gleaning facts, information and data from this individual. Then, unabashedly, I would then expound on their purported legal rights and likely court outcome. I did not know anything about their spouse and his or her perspective on things. I had gathered no detailed financial information. I had no knowledge of the client’s children and their best interests. And most importantly, I had absolutely no clue as to the client’s authentic interests and priorities, and how they may influence their decision making regarding a durable settlement. That’s because I didn’t ask. And I didn’t listen. It seemed at the time more important to “get the facts, ma’am, just the facts”. In fact, that was the model taught in law school “back in the day”: fact gathering and issue spotting.

It is virtually impossible for a lawyer in that first interview to lay out to a new client their full legal rights and likely court outcome. So when you are doing your due diligence and interviewing family law attorneys, be skeptical of any claim or “come on” that purports to guarantee that the lawyer will be able, in that first, initial session, to explain all your legal rights and predict the probable court outcome. That simply can’t happen.

Be informed. Be wise. And ensure that the attorney you decide to engage is a good listener, and wants to know what you want.

When I was in law school, very little attention was given to teaching prospective lawyers  how to support the true interests of clients. In fact,  there was more focus on the law, cases, statutes, etc., than on how to listen to  clients and find out what they wanted and needed! Today things are very different. I teach courses to  law students at Seattle University Law School  on how to really listen to their clients and understand what they need. This is often referred to as “Client Centered Lawyering”. The focus is on  “Client Counseling” as opposed to “Blind Advocacy”.

There is a great movie called  “Flash of Genius”.  In this film  the actor Greg Kinnear plays Robert Kearns, the man who invented the intermittent windshield wiper, a device we all take for granted today. The movie  tells the true story of Mr. Kearns’ legal battle against the Ford Motor Company for respect and financial recognition for his invention. Alan Alda plays Mr. Kearns’ lawyer in this epic “David and Goliath” saga.  Early in the legal proceedings, and without any consultation with or input from Mr. Kearns, the Alan Alda character negotiates a possible settlement with Ford. The lawyer then invites Kearns and his wife to a celebratory dinner, complete with champagne! He assumes, of course, that Robert Kearns will readily agree to the settlement being considered. Well, he assumed wrong! I won’t spoil the outcome, but Mr. Kearns fires Alan Alda and very adequately represents himself through the conclusion of the law suit.

This is an excellent portrayal of how not to work with a client. There was no listening, dialogue or conversation around the kind of outcome Robert Kearns truly desired, which was as much about respect and an acknowledgment of wrong doing as about money.

“Flash of Genius” is out on DVD. Check it out!