FOUR KEYS TO PRACTICING LAW : DILIGENCE , GRACE , CREATIVITY , AND INVOLVEMENT
FOUR KEYS TO PRACTICING LAW : DILIGENCE , GRACE , CREATIVITY , AND INVOLVEMENT
ZACK PELHAM ABA State Delegate
The phrase “ practice of law ” is odd . For some reason , only doctors and lawyers “ practice ” their entire careers . When will we achieve mastery ? Never – as the law evolves , and so do we . This past August , I passed the 20-year “ practice of law ” threshold . What have I learned ? Yes , I need to keep practicing . But I think recognizing several things has made my practice better : diligence , grace , creativity , and involvement . Simplistic ? We overlook the simple at our peril .
Whatever area of law you practice , consistently putting off for tomorrow what can be done today is not a good recipe . Diligence is a necessary component of practicing law . We attorneys have plenty of areas we must be diligent in , and I think communication is the most important piece of diligence in practicing law . This starts at the beginning – communicating a forthright and detailed assessment of a matter to a client : to manage expectations , establish trust , and maintain “ control .” The importance of timely , accurate , and perspicuous explanations of foreign legal concepts to clients applies throughout a matter . And don ’ t give up on communicating strategies initially rejected by clients . Clients may think they know what they want , but remember you are the lawyer , and you may have to communicate that a few times . Diligently representing your client requires you to appropriately communicate the good , the bad , and the ugly .
Grace is a character trait required by practicing attorneys . The essence of grace is giving another the benefit of doubt when the evidence appears against them . This is something we attorneys should be good at , as a core concept of our legal system is the presumption of innocence . We humans , however , assume the worst and jump to conclusions . Taking time , even seconds , to consider the thoughts in your head before responding takes practice . Consider what you are trying to accomplish for your client . You may “ gain ” in the short term by blasting an opponent for a gaffe , but in the process , you may lose the respect of that attorney , your client , or the judge . By all means , use the law as written to advance your client ’ s interest . Just do so with grace . We attorneys often are adversaries in the courtroom , but colleagues outside . It is through grace that this balance can be achieved .
Some are more creative than others . But practicing law requires development of creative ways to research , write , and argue . Don ’ t be afraid to challenge existing precedence , rules , or statutes – they are there , after all , to be creatively navigated to serve your client ’ s ultimate goals . Don ’ t be afraid to try a new technique in the staid manner we attorneys write our briefs or present argument . I find the most fun I have practicing law is developing , researching , and writing on creative ways to overcome obstacles . If we lawyers didn ’ t practice creative ways to challenge precedence , statutes , and rules , our judiciary would not be able to practice their creativity in crafting decisions addressing these challenges .
Involvement is one of the most important pieces of establishing , maintaining , and enjoying the practice of law . The American Bar Association ( ABA ) offers a full menu of areas in which you can get involved . So does SBAND and your local bar associations . Your local communities are begging for people to get involved : church , service clubs , and youth sports . Worried about investing time in a prospect without immediate renumeration ? Starting my practice in pre-oil boom Bismarck , as a non-North Dakotan without established connections , it was through involvement in as many legal and non-legal organizations as possible that allowed me to develop my practice . You will be renumerated – financially , yes , but I think more importantly , by giving back to your community . When you discover what is most important to you , you can move your practice of law to better fit your passions in life .
I am confident that diligence , grace , creativity , and involvement have benefited my practice of law . An exhaustive list ? By no means . And , to be clear , I continue to practice this list because I am nowhere close to achieving mastery .
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