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Bar News - February 6, 2004 Lawyers as Counselor By: Dawn E. Caradonna Wisdom from the New Lawyers’ Committee AT ONE POINT early in my career, I actually had to tell a couple of clients that I was a lawyer, that I didn’t know how to fix cars or relationships, and that maybe they should contact either a mechanic or a therapist. Most people who know me think it is obvious that I know nothing about cars, but it was a statement I felt I had to make. The fact that I needed to make it shows that the practice of law is in fact a lot different from the study of law. When we’re in law school, we learn "how to think like lawyers" – that is, we learn how to read cases and how to make legal arguments. But most of us aren’t taught the real skills of lawyers. We aren’t taught how to calm down a client who is out of control, or how to respond to a client who has just lost her liberty or her child. We aren’t taught how to "listen" to the client who calls just to vent about her frustration with her case and the legal system. Real lawyers don’t just draft legal memoranda and argue in court. Real lawyers are counselors. Although there are hundreds or thousands of lawyer jokes going around, our clients often trust us more than they trust anyone else. They tell us things they wouldn’t tell anyone else. And they depend on us, not just for our legal advice, but for our common sense, also. Although we are lawyers, we are often asked to step outside the box and take on other responsibilities. One lawyer I know carries a white button-down shirt and a tie in his briefcase on the days he has a jury trial in case his client happens to wear an "I smoke pot, I like it a lot" t-shirt to a drug trial. Other lawyers have facilitated visits between clients and their children. Once an opposing attorney and I were court-ordered to inventory a locked cabinet. I have also been ordered to hold a client’s passport so that she could not leave the country with her child. When a client transfers from one jail to another, he is not allowed to transfer his belongings. I have picked up trash bags of belongings from jails and kept them in my office until directed by the client to send them elsewhere. One time a client was ordered to serve six months in federal prison. Before the marshals escorted him away, he took off his belt, took his wallet out of his pocket, handed them to me, and asked me to pick up his cell phone at the front desk. Six months later, he contacted me and I gave these things back to him. Practicing law can be overwhelming to a new lawyer. Psychology is not a required course in most law schools. Neither is "negotiating." But these are skills lawyers use daily. The practice of law is an intellectual endeavor, but it is also an emotional one. On the last day of torts class in law school, my professor gave us these words of advice: "Remember, you are dealing with people…not cases." When I got "out into the real world," I understood what she meant. Clients are people and require empathy and understanding. Clients don’t usually come to us when they are at their best. As lawyers, we deal with people who are divorcing, have been charged with crimes, are accused of neglecting or abusing their children, or are being sued. They are often distraught and emotional. Our job requires us to attend to both their legal needs and their emotional needs. Often, we get personally involved. When a lawyer believes in the client and is empathetic to his cause, it shows. Judges are more likely to believe in your client when you believe in your client. However, if a lawyer gets too personally involved too often, he or she risks getting burned out. The real challenge is in striking a balance between getting close enough to be effective and keeping enough distance to remain sane. The practice of law requires multi-tasking and can often be a challenge. It requires us to be more than just lawyers; it requires us to be counselors, as well – but this is probably what makes the practice of law more rewarding than most careers. Dawn E. Caradonna is a sole practitioner in Peterborough and a member of the NHBA’s New Lawyers’ Committee.
Opinions in Bar News Unless otherwise indicated, opinions expressed in letters or commentaries published in Bar News are solely those of the authors, and do not necessarily reflect the policies of the New Hampshire Bar Association Board of Governors, the Bar News Editorial Advisory Board or the Bar Association staff.
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