Does Law School Make People Into Jerks?
Eight tips on how to NOT be a jerk.
Enough about my law school going down the chute. I’m tired of writing about it, and I’m sure you are tired reading about it. The fat lady hasn’t sung yet so the story isn’t over, but it’s time to move on to other things. Suffice it to say that there are very cranky Whittier alumni and current students who justifiably have their hair on fire.
Musing about what law school teaches and doesn’t, I wondered about whether law school teaches law students to be jerks, whether students come to law school already jerks, or whether jerkdom raises its ugly head post bar passage. It’s a variation on the “chicken and the egg” theory.
What prompted my musing was an article in the Sunday New York Times written by a woman who worked as a paralegal for a New York City lawyer in the 1990s.
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She didn’t identify the lawyer, but I would imagine that more than one lawyer (male) might well cringe at the descriptions of the tantrums, nastiness, and general jerkdom this lawyer showed toward his female staff. This was in the days before the term “hostile work environment” took hold, but, based on her article, the attorney certainly created that kind of environment. Such conduct is still out there.
So, what personal characteristics should a good lawyer have? Maybe Robert Fulghum summed it up years ago when he said that everything we needed to know we learned in kindergarten (affiliate link).
Here are some of my random neural firings (as humorist Dave Barry would say) about what I think makes a good lawyer (that is, not a jerk), and these are in no particular order:
1. Knowledge of the applicable area of law and if not knowledgeable, knowing how to either get knowledgeable or bring in someone who is.
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2. Civility and courtesy to all, even when you think (or know) someone is a moron.
3. Common sense. It always amazes me to find out how people get lost in the weeds in a matter. Perhaps it’s street sense, of having been around the block for a while, and understanding that at the end of the day, it’s all about finding solutions that work.
4. Humility. A trait that I think is sadly lacking in many lawyers. Don’t people get tired of tooting their own horns (an antiquated expression that is still apt)? Don’t people get tired of talking endlessly about themselves, their victories, how they slayed the opposition? Please don’t tell me that they’ve never lost a case.
I remember many years ago a deputy D.A. speaking at a seminar who said she had a 100% conviction rate. Well, duh, if a defendant pleads to something, anything, that qualifies as a conviction. So, how many cases did she actually try? How many pleaded out? I would suggest that the disposed cases greatly outnumbered the tried cases, and just because cases are tried, convictions don’t necessarily follow. So, here’s to lawyers who are self-effacing, who let their work speak for them, and who don’t spend time on self-aggrandizement. (Was that a law school class I spent playing dots?) It’s one thing to let people know who you are and what you know; it’s another to have others gag.
5. The ability to listen. A recent study showed that the female Supreme Court justices were interrupted more by male justices and advocates.
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(Is this whole interruption issue something that women don’t already know? And, of course, we all know that women are facile liars.)
If you pay attention without interrupting, you will understand the call of the question and be able to respond without blithering. You might also learn something from someone else. We love to hear ourselves talk, but nobody else does.
6. Client relations: this covers all of the points above plus some additional ones, like putting the client’s needs first, making sure that there’s a fit between you and the client (no matter how attractive the retainer might be), and the ability to balance the client’s needs and desires with realities. The old adage that it’s easy to hire and hard to fire also applies to clients.
7. Ethical.
8. Ability to deliver bad news. I get that in this “you eat what you kill” environment lawyers, especially newer ones, sign up clients even when there’s barely a whisper of success. Lawyers stress their ability to get blood out of a turnip (see point 4 above), and then, when the case turns to junk, don’t explain why. Managing expectations? What a concept.
While some may say that there is a remedy for every wrong, the cost of pursuing that elusive remedy is akin to asking whether the juice is worth the squeeze. No one likes bad news, but the earlier it’s delivered and the ability to pivot to Plan B, C, or D in light of that bad news is essential. It’s never fun, but that’s part of our job.
Some lawyers are jerks, and we know who you are, especially in smaller legal communities where word gets around fast. Even in large legal communities, such as mine, word still gets around. It may take a little longer, but the reputational risk that accompanies jerkdom is something I think lawyers need to think about before not returning calls, not respecting the time of others, or dismissing counsel out of hand because their “pedigree” is not as good. I’ve a little secret for you: being underestimated has its advantages.
You can have all the pedigree you want, but, at the end of the day, it’s your lawyering and your reputation on the line. Look at lawyers and legal departments who have been woodshedded or caught up in recent scandals du jour.
Thirty years ago, when President Reagan’s former Secretary of Labor Ray Donovan was acquitted of fraud charges, he asked where he could go to get his reputation back.
Where do lawyers go to get their reputations back when they’re jerks?
Jill Switzer has been an active member of the State Bar of California for 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at [email protected].
