Archive for the ‘Client Counseling’ Category

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!