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The Sh*t We Say

             I find that my day is filled with phrases that I have to repeat as a part of my lawyering life. In my office, I like to keep my door open (to the chagrin of my partner and our office mates; my voice carries), but in doing that I hear my partner and office mate say some of the same phrases that I have said. These are the same phrases that I have had to pull out of my lawyer ass often in the completion of my work as an attorney.

            So, I wanted to make a list of all these phrases, and my interpretation of them. These phrases have been useful and of great utility to me as I endeavor to work as an attorney working directly with clients.

#1: Now, we talked about this…

  • I find that people either don’t listen, or their memories need re-tuning. Uttering this phrase means trying to reiterate to whom I am speaking that I have spoken to them about this more than once, and that this time I really need for them to hear what the fuck I am saying. I am also trying to emphasize that it is not fruitful nor productive for me to continue to reiterate this point without them hearing what I am saying. It is also costing them more money, unnecessarily.

#2: Let’s talk about why you made that decision…

  • This is my attempt to try and make the person think about why they made the decision they made; because I am about to tell them how bad that decision was. This is me trying to not say “What in the hell were you thinking? Why did you think that was a good idea??” I want my clients to get better. I want them to get out of the pickle they have oftentimes got themselves into (hence why they are coming to see me). I find that if most people just stopped for 5 seconds, just 5 seconds before they make certain decisions, their positions would be unequivocally better. So, I start by asking them what was going through their head when they made the decision. It also helps me truly understand that thinking to check myself before I launch into telling them why that was such a bad idea.

#3: One of the things I think is important to think about is….

  • I say this when someone tells me what they really want to do or say and I am preparing them to hear from me that it is not a good idea. This is where I make sure that I have extolled to them my advice and also document it as well. I find this is more palatable for certain headstrong people to hear as opposed to “I wouldn’t do that. You need to do ….”.

#4: I advise that you…

  • This is a big one. I don’t always pull this one out early on in my conversations with clients. I usually make a point to tell clients specifically what I am advising when they have a history of not listening to what I advise them. When I specifically demarcate that I am advising them and the next words out of my mouth are actual advice, it is a clear indication to the client as well as me that I am giving them this specific advice and directive. So, when things go to shit, I can specifically point to this phrase as my extolling to them the advice they chose not to follow.
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#5: How will doing that move you forward?

  • When I say this, I am trying to wake up my client to their odd thinking. I cannot tell you how many people lose sight of their goal. They get so embroiled in the minutiae of the fight that they forget what in the hell they are fighting for. I will listen to a client rant and rave about the pick of the day issue, but I won’t walk away from that conversation without posing this question if I think they are about to get lost in the battle.

#6: There are client decisions and there are lawyer decisions. This is a lawyer decision…

  • I am drawing a boundary here with my client. Most decisions in a client’s case belong to the client. But there are those few decisions that I override my client in making during a representation. Among others, these are decisions to NOT do anything illegal or unethical. No, I am not filing that specious motion, I don’t give a shit how much you think it makes sense. No, I will not call opposing counsel and tell them to fuck off and that they are an asshole. No, you will NOT write a letter to the judge telling them about how much of a dick your ex is and how you think they should be in prison.

#7: I am going to stop you now—I am going to interrupt you now…

  • It’s time to shut the fuck up. I will listen to you rant and rave, but only for so long. It is not a good use of your money nor my time for a client to rant and rave on the phone with me for one hour. Its time to get back on track.

#8: I understand that you feel that way…

  • I think it is important to validate people’s feelings. But I think it is important to not belabor them because oftentimes, their feelings arise from delusional or irrational places. So while I may validate that you are actually feeling that way, I am letting you know that the basis for that feeling needs to be reexamined.

          I am sure there are a few more I am missing. Well, I guess I can save those for the next time I want to talk about the shit that comes out of my mouth…

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