OPINION
12 Obiter Dicta
I Baked a Humble Pie
May I Offer You a Slice?
esther mendelsohn › contributor
W
e are the next generation of lawyers,
and along with our responsibilities to
our clients and to the courts, we have
a responsibility to shape the legal profession. Many things are changing in the practice of
law. We research statutes and find cases online. We
write in a far more clear and succinct fashion. We are
approaching client service in a much more collaborative manner. Alternatives to litigation are becoming
the norm instead of the exception. We should also
endeavour to create a new kind of lawyer: one who
advocates with zeal but does not trample on others in
so doing. The type
of law yer who
knows her or his
worth, but does
not undervalue
others; the type of
lawyer who is confident, but not arrogant.
There are already directives and safeguards in
place aimed at encouraging civility and collegiality.
The Law Society has emphasized the need for civility and professionalism. The Professional Code of
Conduct makes it incumbent on all lawyers to act in a
way befitting officers of the court. Opposing counsel
refer to one another as “my friend” and to judges as
“the learned judge,” often when criticizing a judicial
decision.
One need not wait to arrive in court, however. In
fact, if you do, you might be too late because it all
starts right here. There are unspoken rules of classroom etiquette that are often breached by those who
love the sound of their own voices and think the rest
of us do too. Those who refuse to share their notes
because they consider themselves the arbiters of who
is deserving of help and who is not and, of course,
because they want to reap every advantage, even at
others’ expense. Those who mock others’ efforts to
understand the material in class. Those who believe
attending law school is simply a formality, because
they already know all they need to know. Those who
speak often, but seldom listen. I humbly suggest that
there is no room for those people in our generation of
lawyers—though I would gladly offer them my notes
and summaries regardless.
There is no
room for them
because they leave
no room in their
narrow worlds for
the opinions or
voices of others. They seek to fill every space they are
in and deny others entry. To be sure, these people may
have valuable knowledge, experience, or insight, and
they should be able to contribute. What they should
not do is eclipse others who may also have valuable
knowledge, experience, or insight.
As law students, we belong to a very privileged
group for many reasons, not the least of which is the
opportunity to be surrounded by exceptional classmates. This forces each and every one of us to push
ourselves further but also affords us the chance to
learn from one another. I can honestly say that I have
“Arrogance almost inevitably
leads to mistakes.”
ê Photo credit: Dan Klimke
learned at least as much from my classmates as I have
from my professors. I have benefited from their experience and their perspectives. We exchanged ideas
and since we all came from different academic disciplines, I was exposed to things I may otherwise have
never learned. The brightest, most accomplished, and
interesting people I know are also the most humble.
Eschewing praise, they often deflect compliments to
others. They are still able to be assertive when necessary, but their humility gains them the respect that is
the currency of our profession—the currency which
often renders assertiveness superfluous.
It is sometimes difficult, even for the best and
brightest, to carve out a space in law school because,
after all, law schools are filled with the best and the
brightest. Everyone here is intelligent and capable,
and it may be difficult to stand out. That is an especially sour tonic to swallow for those accustomed to
standing out in the crowd. Some try to stand out by
being the most vocal or assertive. While these people
certainly stand out, they also risk drawing the ire of
their classmates. As future lawyers who have all, no
doubt, included “attention to detail” somewhere in
our cover letters and CVs, their arrogance does not go
unnoticed.
If the platitudes haven’t swayed you, perhaps a
more practical appeal will. Arrogance almost inevitably leads to mistakes. Underestimating opposing
counsel can often cause a lawyer to be unprepared
and seem unprofessional in court, or in a boardroom. Recognizing the possibility that others are
competent, perhaps even more competent than you,
will force you to prepare the strongest case possible.
Moreover, like with other professions, even clients
who are ultimately successful in their claims complain that their lawyer was arrogant and unpleasant.
In today’s competitive market, having technical skills
is not enough. Clients want lawyers who listen. If you
don’t listen to your client, you stand no chance at getting them what they want. Finally, arrogance doesn’t
make you any friends, and you might need one someday. Those same people I alluded to above may think
they will get through life without the help of others,
but at one point or another, we are all at the mercy
of someone else. When your client’s case and your
reputation are on the line, you don’t want to be in
the awkward position of having to ask a favour from
someone you’ve wronged in the past.
I understand that not everyone wants to play nice.
What I have proposed is normative. It cannot and
should not be prescriptive for it would be impractical
and would lose all value. Instead, this is a request. If
you think you might be that person, just stop.
By striving for professionalism, civility, and
humility, we will be better able to relate to clients and co-workers. Judges always look kindly on
counsel who exhibit modesty and humanity. Most
importantly, however, our integrity will be intact.
Humility, listening, making room for others—only in
this manner can we hope to become the type of lawyers deserving of the respect we seek from our peers,
the courts and our clients. u