Beyond Biglaw: 3 Distasteful Lawyerly Traits

What traits often demonstrated by lawyers contribute to creating a distasteful impression of such lawyers in the eyes of colleagues, clients, and the general public?

In last week’s column, I discussed three admirable traits that I have consistently seen demonstrated by successful attorneys. This week, I would like to discuss three distasteful traits that are unfortunately also demonstrated by lawyers. It is important, however, to recognize that when we talk about admirable or distasteful traits, we are really discussing the appropriate or inappropriate exercise of those traits, rather than deciding whether a particular trait is inherently good or bad.

For example, last week I discussed how lawyers that demonstrate intellectual curiosity tend to be more balanced and successful. But the underlying assumption was that such lawyers demonstrate intellectual curiosity in moderation, meaning that they had the judgment to know when to indulge in that curiosity, and when to focus on the task at hand — no matter how mundane. Because intellectual curiosity, when not exercised in moderation, can be quite deadly to a legal career, as there are many times when a singular dedication to a perhaps rote or boring task is absolutely essential for a lawyer to demonstrate — intellectual curiosity be damned. No one wants an associate who decides they are “above document review” because it is not stimulating enough for them, especially because they are heavily engaged in cultivating their side interest in reviving medieval pottery-making techniques.

In fact, nearly all traits are inherently “neutral”, in the sense that there is a time and place where it might be appropriate to exercise them. What is critical, therefore, is the judgment to know when to do so, and the self-control to maintain a balanced approach at all times. In short, moderation is key. At the same time, there is value in looking at a few traits that lawyers often exercise in a distasteful way, as part of an effort to improve our judgment and grow as professionals.

So what are three traits that lawyers often demonstrate that contribute to creating a distasteful impression of such lawyers in the eyes of colleagues, clients, and the general public? In my idiosyncratic opinion, three (potentially beneficial) traits that are often misused by lawyers are: (1) selfishness, (2) jealousy, and (3) greed.

Human nature is such that we are selfish creatures. As discussed above, there is nothing inherently wrong with demonstrating selfishness on occasion. But because lawyers operate in a service profession, we have to be more careful than others to avoid demonstrating too much selfishness in our professional and personal lives. In fact, much of what makes law noble is the practitioner’s ability to set aside selfish needs in the pursuit of the interests of the client. Of course, to remain balanced and avoid burnout, even the most dedicated professional needs to carve out personal time to regroup and recharge. At the same time, too many lawyers seem to get wrapped up in what they can “get” from clients and the profession, and less concerned with what they can give. Likewise, because legal practice is a collaborative one in many respects, lawyers that are too selfish create a negative impression in the eyes of their colleagues, and make the difficult task of serving clients even harder. Being too selfish can have negative ramifications on a personal level for lawyers as well. Even well-meaning lawyers, who are very giving when it comes to their professional lives, can take a “selfish turn” when it comes to dealing with loved ones. It is difficult, but essential, to avoid selfishness as much as possible, precisely because of the demanding nature of legal practice, and the difficulty of maintaining professional and personal balance in light of the inevitable challenges lawyers face.

Just as with all traits, jealousy can be a force for good, even though we normally consider it a destructive force. When a lawyer is jealous of a colleague’s success, for example, but uses that jealousy as a self-motivation tactic to become a better lawyer and person, it is hard to say that jealousy can never be a productive trait. Unfortunately, however, many lawyers become jealous of the success of colleagues and allow that jealousy to consume them in a destructive manner. An easy example is when two lawyers are up for partner, and only one makes it. While it is normal for the “passed-over” associate to harbor some feelings of jealousy towards their more successful colleague, all too often attorneys allow their jealous impulses to wreck what had been positive relationships, or as an excuse for vindictive behavior towards colleagues. Likewise, many lawyers struggle with jealousy with respect to their clients, particularly when an “undeserving” client is orders of magnitude more financially successful than their smarter, better-educated, and harder-working counselor. It is normal to be jealous in some measure, but wrong to use that jealousy as an excuse to “get yours” from a client, because one feels that they are superior or more deserving than the client of success.

Greed is a little harder to justify as a potentially valuable and positive trait, since its very nature presupposes an attempt to get more at another’s expense. At the same time, it is important for attorneys to be greedy in at least two respects. First, it is usually a good thing when an attorney is “greedy” on behalf of their client’s interests, in terms of securing as favorable a settlement as possible for a claim, for example. Second, it is important for an attorney to be “greedy” as much as possible when it comes to family time, considering how easy it is for lawyers to neglect their families in pursuit of “more” on the professional front. The common denominator? Greed can be good, when exercised on behalf of others. But a greedy lawyer, who is always angling for maximum personal benefit, is usually one who would be more likely to cut corners, and engage in the types of activities that are successful in destroying reputations and the public image of this profession as a whole.

Sponsored

Ultimately, clients and colleagues are unlikely to extol lawyers who are selfish, jealous, or greedy when it comes to the lawyer’s self-interest. What we all need to do is learn how to manage our natural inclinations to demonstrate these traits in inappropriate ways, and be ever mindful of the impact our actions have on those around us. It may not be easy, but it is necessary. At bottom, it comes down to remembering that we are here to serve, and are prepared to sacrifice our own interests in that pursuit.

Earlier: Beyond Biglaw: 3 Admirable Lawyerly Traits


Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique. The firm’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at gkroub@kskiplaw.com or follow him on Twitter: @gkroub.

Sponsored