STRIKE THREE: ATTITUDE COUNTS
STRIKE THREE: ATTITUDE COUNTS
ZACK PELHAM ABA State Delegate
I’ ve watched a lot of baseball and softball games this summer – I have three kids playing a full schedule! Lots can go wrong. In fact, much does go wrong. With apologies to all catchers out there, the pitcher bears the greatest burden of any player on the field. Indeed, the trajectory of the game can turn on one pitch. This is true no matter the age or level. As the parent of three pitchers( we are usually found sitting by ourselves so that we can freely mutter). I’ ve observed that the attitude of the pitcher in approaching the next pitch defines the moment.
A close pitch is called a ball – arms of the pitcher come out to the side with a stare of disgust toward the umpire. An error by a teammate – the pitcher’ s head quickly twists coupled with a shout from his mouth. The incessant chatter of an opposing dugout – the pitcher’ s face looks dejected and sullen without hope. The external forces weighing on the next pitch can be extreme. The attitude of the pitcher must be to ignore that which he cannot control and instead focus on that which he can – yes, having an attitude of confidence toward the next pitch. Easier said than done. But necessary. So it is with the practice of law. Our attitude toward the problems and challenges we face as practitioners defines us as attorneys.
A quote attributed to Marcus Aurelius is appropriate for the pitcher, and us lawyers:
“ If you are distressed by anything external, the pain is not due to the thing itself, but to your estimate of it; and this you have the power to revoke at any moment.”
Stated in another way, our attitude toward whatever problem we are facing impacts what happens next, and we have the ability to act with confidence in our abilities. To be clear, the problem may never be“ solved” in the manner hoped. But it will be resolved one way or the other. Having a confident attitude increases the probability of a satisfactory solution to resolve a problem.
I confess, my attitude toward a problem is not always the best. But I have learned, mostly through experiencing problems occurring I never would have imagined in law school, to recognize that panicking typically does not work. A judge’ s adverse ruling – I say,“ your honor, preposterous.” A colleague’ s extreme misstep – what were you thinking! The chatter of opposing counsel – who does that guy think he is? Just as the pitcher faces similar external challenges, attorneys do too. And if we don’ t get past it, we allow the external to prevail. When opposing counsel knows how to effectively get under your skin, who is ultimately at fault for allowing it to be effective?
You have the ability to control how to proceed. Give up? Not a chance. But toxic reactions to difficult situations are akin to throwing in the towel because your judgment is frayed. And just like the pitcher who is unable to control his attitude on the mound, your next“ pitch” is clouded in that external milieu that you do have the ability to control but your base reaction overrides. Your attitude controls the situation more than you may think. It does not mean if you have the right attitude about addressing a problem that the problem will disappear. Poof! I’ m afraid that may not be the case. But it may allow a better resolution. And it may help prevent the next misstep.
Stress and problems abound to all involved in our judicial system. The practitioners are the pitchers. We bear the brunt of how our clients’ positions thrive or die – not to mention the difficulties our own clients may bring us. We often lack control over a problem, but we do retain control of our own attitude in working to resolve a problem.
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