From the DBA President: Brief, BUT Not Curt

by Scott Bonder
President, DeKalb Bar Association

Manners matter. Manners influence what others think of us and through their development as habits ultimately influence what we think of ourselves. Model the behavior you think best represents the competent professional and you will begin the transformation into that professional.

I do not mean to suggest altering your personality or changing your speech patterns. Instead, focus on those social manners that will project positive engagement with the community and people around you. For births, deaths, and significant events, try to send cards and personal notes. For illness and hardship, send meals or otherwise offer assistance. Do not limit these activities to your immediate circle of friends. Instead, expand your circle of friends by engaging in this conduct widely. These practices and manners were taught to me by several outstanding mentors and I have yet to regret one bouquet of flowers, meal or chore.

Ours is a profession that relies on communication. Let’s focus on manners that communicate who we are to clients, opposing counsel, jurors and the court.

Timeliness

This should be obvious, but be on time. By “on time,” I mean be ten minutes early. People appreciate efforts to value and respect their time. By arriving early your setup, drink of water, clearing your throat and other needs are met on your time rather than everybody else’s time. (Yes, I am purposefully paraphrasing from Mr. Hand in Fast Times at Ridgemont High.)  Additionally, arriving early communicates to others that you take the matter seriously.

Directness

When answering a question, endeavor to directly answer the question asked. At times advocacy dictates a pivot in the conversation but when advocacy does not require a pivot, direct answers to direct questions are best and the most efficient. Judges, lawyers and jurors all get frustrated when people refuse to directly answer specific questions.

Indirectness

Courtroom communication and advocacy is directed primarily at the judge or jury. The topic of communication is the client, the case, or the procedure. Accordingly, there is rarely, if ever, a reason to refer to, question, or make comments to opposing counsel during an argument. Maintaining this third party distance is important to maintain a collegial feel among the bar. Exceptions do apply.

Do Not Conflate Lawyer and Client

Much like indirectness, above, remember that the lawyer is not the client and did not participate in the underlying conduct. Unless you are arguing a sanctions motion, maintaining the differentiation between lawyer and client will also help maintain collegiality. I was reminded of this just a few days before writing this article. In discussing the conduct of my client the opposing counsel said “but that is what you guys do, right?”  Regardless of the conduct, good or bad, the statement was bad form because it conflated me with my client. Not only did it anger me personally, the net result is that I feel less inclined to do favors for and extend courtesies to that lawyer as this case progresses.

Maintain a Professional Relationship with Clients

The third-party level of familiarity is what we should strive for in our dealings with clients. Too distant and we cannot represent them properly. Too close and we will likely do them a disservice by losing objectivity.

There are many more ground rules for professional and courteous communication and demeanor, but these seem to be trouble spots for many, myself included.

Feel free to comment and give us more suggestions. Your feedback is welcome (exceptions apply)