Small Law Firms

Image And Perception Are Important To Practicing Law

The practice of law is not always about who has the best legal strategy and knowledge.

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While perusing the interwebs recently, I came across an article written by an actor turned lawyer about how attorneys can use acting techniques to succeed at trials. Of course, trials are usually dramatic affairs, and fact finders may be convinced by some of the techniques used by professional actors. The article got me thinking about how perception and image are often important to lawyers in situations attorneys face other than trials. Indeed, lawyers should think more about how their points will be received than about the substance of their arguments in many situations.

I first became aware of the power of perception and image as a first-year associate in Biglaw. At that time, I was tasked with researching a number of points and drafting a written summary of my analysis. I had spent dozens of hours on the research, so the fees that would be charged the client for this work was many thousands of dollars. I initially wanted to draft the analysis in an email, but the partner conveyed that this might look cheap considering the amount of money that was being charged for the work product. The partner said that if we put the analysis in a memorandum, it would look better when digested by the client. The least we could do for the high fees is paste the analysis in a memorandum format so the research was more easily transportable by the client and looked more professional.

I have seen other examples in which theatrics helped to reinforce to the client that the lawyer’s work was valuable. Earlier in my career, I helped a friend review his estate plans. He gave me a will that was executed a decade prior, and the will was placed inside a heavy envelope that said “Last Will and Testament” in ornate letters, which was hilarious to me because the fancy envelope seemed unnecessary. I asked my friend who gave him that envelope and he said that his estate lawyer provided it to him. Not only did the envelope help protect the documents inside, but it might convince the client that the lawyer is more professional. This might have helped the attorney convince clients he was worth top dollar more than if the lawyer just handed the client his executed will in a plain envelope after everything was finalized.

Many attorneys also apply dramatics to their litigation papers. Numerous lawyers use litigation backs when serving and filing papers, which may make the documents look more serious and professional. Moreover, many lawyers use professional binding techniques to put together their memorandums of law and other materials, even though court rules may not require such effort. Making litigation papers look more serious and dramatic can have an impact on an adversary and the court.

I remember one time earlier in my career, I spent a substantial amount of time and effort drafting a summary judgment motion against a personal injury plaintiff. Plaintiff’s counsel sent me his opposition papers in a letter-sized envelope that had a handwritten address. He folded the papers into thirds to make them fit inside the standard envelope he used to mail them to me. Those papers were on my desk for months, and every time I saw the folds in those papers, I thought about how little effort that attorney had put into drafting the papers. This definitely impacted my perception of the lawyer and made me bolder when litigating the matter, since I thought my adversary would not put up much of a fight to any litigation tactics I used.

Perception and image are also important when dealing with clients and originating business. Of course, many clients want a cookie-cutter lawyer right out of central casting, since there is something reassuring about a suit-clad professional working on their behalf. In addition, image extends further than merely attire. One time earlier in my career, I walked into court with my boss, who had tons of success originating business and racking up legal victories. In New York State, attorneys are allowed to bypass security if they have a special pass. In order to obtain said pass, you need to fill out an application, provide some passport photos, and pay a fee. Even though I was in court several times a week, I never got around to obtaining the pass even though I wasted tons of time waiting in the security line at court.

When the seasoned partner noticed that I did not have a pass, he was perplexed and said having a pass to bypass security was about more than convenience. He related that it would look really bad if a client saw that his lawyer stood in the security line with everyone else while other attorneys were able to breeze through. Moreover, he conveyed that if potential jurors in a case saw the attorney needing to stand in the security line, it might change their perceptions of the lawyer. Even small considerations that are not readily apparent can have an impact on the image of an attorney.

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All told, the practice of law is not always about who has the best legal strategy and knowledge. Indeed, perception and image are often important to persuading people and originating business. More lawyers should think not only about the substance of the arguments they make, but the image they are projecting to clients, adversaries, and others.

Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at [email protected].

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