MISTAKES HAPPEN : ADMIT IT AND KEEP YOUR COMPOSURE
MISTAKES HAPPEN : ADMIT IT AND KEEP YOUR COMPOSURE
ZACK PELHAM ABA State Delegate
“ Practicing law ” is a phrase that inherently recognizes imperfection . If one has to continually practice to achieve a goal , hone skills , and gain experience , such requires maintaining composure . This is a problem for us lawyers . We don ’ t like to be wrong ( even though we often are ), we don ’ t like to lose ( even though sometimes we do ), and we don ’ t give up ( although strategic retreats are common ). We make mistakes while practicing law . How we work through mistakes makes all the difference . How do we survive when a practicing attorney ’ s professional world is one in which our clients demand perfection , our workplaces demand constant tending , and the pressure is always on to produce ? It may seem basic , but when mistakes happen , recognizing a mistake is the first step to the solution . The next step is maintaining composure so a solution can be devised .
President Theodore Roosevelt ( who attended law school and received a posthumous law degree ), while delivering a speech titled “ Citizenship in a Republic ” on April 23 , 1910 , which included a passage referred to as “ The Man in the Arena ,” recognized there can be no achievement without failure . He recognized the individual “ who errs , and who comes short again and again .” Why recognize mistakes , losing , and failure ? “[ B ] ecause there is no effort without error and shortcoming . . . .” Roosevelt goes on to recognize that greatness can never be achieved by “ those cold and timid souls who neither know victory nor defeat .” ( https :// www . presidency . ucsb . edu / documents / address-the-sorbonneparis-france-citizenship-republic )
Our biggest mistakes tend to be when we allow the first mistake to cause another and another . Roosevelt wouldn ’ t sugarcoat a mistake . Neither should we . Having faced professional existential threats of my own making , I can tell you , in the middle of the storm , the worst thing that can be done is to allow one mistake to grow . Take the mistake by the horns , own up to it , accept responsibility , work to repair the damage , and persevere no matter what ; reflect instead of deflect .
Certainly , every situation merits a measure of discretion : given our ethical obligations , sometimes owning up to a mistake takes different forms . Be honest and forthright with a client . Indeed , our ethical obligations require it . Explain what you are doing to work through the mistake . Involve trusted colleagues to assist in formulating a solution ( we have ALL been there ). Lawyers are problem solvers ( even when we create a problem ). Through it all , and no matter what , composure must be maintained . Regret , shame , remorse , sorrow , and despair – all are common emotions we face ( if we are being honest with ourselves ). If these emotions are not combatted by composure , perseverance , hope , determination , creativity , and confidence , we ’ ve no chance .
No one wants to hear about failure , losing , or mistakes . But a good “ come from behind , rising out of the ashes ” story cannot be understated . While your audience for such may be limited to your client , who likely will never fully appreciate the lengths you have gone to achieve the result , consistent application of your composure will yield results . Because we all , to one degree or another , have navigated making a mistake and achieved a turnaround to one degree or another . Handling mistakes , with composure , is an area that ought to be discussed more in our profession .
The complexity of our profession cannot be understated . The skills required of us are , in many ways , overwhelming . A mistakefree practice is not feasible – as much as we would like to think it is . Unless we as a profession embrace the fact we are mistakeprone , that making mistakes is , dare I say , normal , we deceive ourselves and will not advance . While I admit there are more aspects involved in resolving mistakes , admitting a mistake to oneself and keeping your composure while working through it are foundational to reaching a solution . Don ’ t give up , don ’ t ever give up , no matter what .
WINTER 2025 23