Beyond Biglaw: The Power Of Speech

The lawyer’s power of speech is a useful gift that comes with an equal measure of responsibility. Use it wisely.

Blank Lawyer Type Sign or Shingle.As we approach July 4, and in light of the tumult over Brexit, it is hard to overstate the importance of the spoken word in effecting change. Whether it was the Founding Fathers speaking out against tyranny, or the more recent examples of impassioned speech arguing that Britain would be better off leaving the EU, there is little doubt that speech has the power to persuade, and bring people to action. Even the current election cycle seems to have devolved into a series of speeches and counter-speeches by the candidates, with a healthy dose of good old name calling thrown in for fun. As lawyers, who perhaps more than any other profession appreciate the power of words, we are taught to value the power of speech. Over time, we hope to learn how best to harness the power of speech, and thereby develop into effective advocates on behalf of our client’s and society’s interests.

At the same time as lawyers are at the vanguard of using speech to advance worthwhile causes, of both a professional and societal nature, there is an undercurrent of danger accompanying a lawyer’s power of speech as well. We can set aside for now lawyers using their ability to craft a convincing oral argument for devious ends, and focus on potentially harmful uses of speech in less sinister, but no less harmful, contexts. In my years of practice, I have identified two critical areas where lawyers can unwittingly (or perhaps willfully blindly) misuse their power of speech.

The first area is with respect to office gossip. Anyone who has spent a day working at a law firm knows that law firm halls are rife with office gossip. And that nearly everyone participates in some fashion, from the most powerful partners to the most junior employees. We can debate whether the pros of office gossip outweigh the cons. Having practiced in law firms both large and small for over a decade, I personally believe that office gossip is nearly always corrosive, distracting, and contributes to a toxic working environment. Worse still, I believe that lawyers who engage in such gossip are doing themselves and their firms a disservice, and that firms that willfully ignore an internal gossip problem are ignoring a disease in their midst best eradicated. While this is true of large firms, and within practice groups at large firms, it is perhaps even more of an issue at smaller firms, where gossip is nearly always more likely to cause damaging rifts between colleagues.

I understand the case for tolerating or even engaging in a bit of office gossip. That it is a way to deal with the stress of the law firm environment, is usually harmless, and that knowing the gossip is important politically. Both in terms of knowing what people are saying about you, and what the prevailing opinions are of your internal competition or the firm’s leadership and performance. But just because gossip can be at different turns irrelevant or valuable does not excuse engaging in it. First off, not all gossip is true, and it is impossible to fully vet the source of gossip both in terms of veracity and motivation. Second, most of us are better off concentrating on what we can do to better ourselves than to spend our time discussing the foibles and follies of others. Add in the destructive power of gossip, and it is something that most of us should avoid at every possible opportunity.

Doing so may be difficult at first. But I think it is worth a try. The first step is being honest about whether it is a problem at your firm, or a behavior you personally engage in that is perhaps best avoided. If you are a firm leader with a gossip problem, try and change the culture somehow. Balance your message that mindless gossip is problematic while also reinforcing that the firm wants employees to bring problems to the attention of leadership. But that the best way to do so is via a proactive and positive approach, motivated by a desire to help solve the problem, rather than than tear down the people who may be involved in creating it. These may be strange words to read on Above the Law, but I don’t think they conflict with the mission of this website. Or our personal responsibility to act in the best interests of our firms while maintaining a high standard for our personal behavior. There is nothing stopping each of us from thinking about ways we can improve ourselves in this regard, and resolve to avoid idle gossip whenever possible.

The other area where a lawyer’s power of speech is easily abused is in our personal relationships. Particularly when dealing with family and non-lawyers. Just because we have the power to destroy someone with a convincing oral argument on a particular issue does not mean that it is right to do so. It is important to show some restraint and not use the regular people in our lives as heavy bags for our verbal power punches. It is hard to throttle down from an adversarial posture sometimes, but it is necessary if we want to maintain positive relationships with the people we come home to. One first step is to encourage those people to let us know when we cross the line with our speech, and need to tone down our Clarence Darrow acts. Life is more than a series of arguments, or verbal victories in every encounter.

Ultimately, the lawyer’s power of speech is a weight and useful gift that comes with an equal measure of responsibility. We spend so much of our day using that gift that it can be difficult to filter what comes out of our mouths. But we need to, in order to maintain strong relationships at work and at home. Leave the gossip and negative speech to others. Worst case, you will look like the strong, silent type, or at least someone who is thoughtful. Which is always better than being known as a destructive loudmouth, even if we need to retrain ourselves to respect our power of speech.

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Please feel free to send comments or questions to me at gkroub@kskiplaw.com or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome.


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.

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