I Baked a Humble Pie, May I Offer You a Slice?

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A Call for Humility in the Legal Profession

Photo credit: Dan Klimke
Photo credit: Dan Klimke

We are the next generation of lawyers, and along with our responsibilities to our clients and to the courts, we have a responsibility to shape the legal profession. Many things are changing in the practice of law. We research statutes and find cases online. We write in a far more clear and succinct fashion. We are approaching client service in a much more collaborative manner. Alternatives to litigation are becoming the norm instead of the exception. We should also endeavour to create a new kind of lawyer: one who advocates with zeal but does not trample on others in so doing. The type of lawyer who knows her or his worth, but does not undervalue others; the type of lawyer who is confident, but not arrogant.

There are already directives and safeguards in place aimed at encouraging civility and collegiality. The Law Society has emphasized the need for civility and professionalism. The Professional Code of Conduct makes it incumbent on all lawyers to act in a way befitting officers of the court. Opposing counsel refer to one another as “my friend” and to judges as “the learned judge,” often when criticizing a judicial decision.

One need not wait to arrive in court, however. In fact, if you do, you might be too late because it all starts right here. There are unspoken rules of classroom etiquette that are often breached by those who love the sound of their own voices and think the rest of us do too. Those who refuse to share their notes because they consider themselves the arbiters of who is deserving of help and who is not and, of course, because they want to reap every advantage, even at others’ expense. Those who mock others’ efforts to understand the material in class. Those who believe attending law school is simply a formality, because they already know all they need to know. Those who speak often, but seldom listen. I humbly suggest that there is no room for those people in our generation of lawyers—though I would gladly offer them my notes and summaries regardless.

There is no room for them because they leave no room in their narrow worlds for the opinions or voices of others. They seek to fill every space they are in and deny others entry. To be sure, these people may have valuable knowledge, experience, or insight, and they should be able to contribute. What they should not do is eclipse others who may also have valuable knowledge, experience, or insight.

As law students, we belong to a very privileged group for many reasons, not the least of which is the opportunity to be surrounded by exceptional classmates. This forces each and every one of us to push ourselves further but also affords us the chance to learn from one another. I can honestly say that I have learned at least as much from my classmates as I have from my professors. I have benefited from their experience and their perspectives. We exchanged ideas and since we all came from different academic disciplines, I was exposed to things I may otherwise have never learned. The brightest, most accomplished, and interesting people I know are also the most humble. Eschewing praise, they often deflect compliments to others. They are still able to be assertive when necessary, but their humility gains them the respect that is the currency of our profession—the currency which often renders assertiveness superfluous.

It is sometimes difficult, even for the best and brightest, to carve out a space in law school because, after all, law schools are filled with the best and the brightest. Everyone here is intelligent and capable, and it may be difficult to stand out. That is an especially sour tonic to swallow for those accustomed to standing out in the crowd. Some try to stand out by being the most vocal or assertive. While these people certainly stand out, they also risk drawing the ire of their classmates. As future lawyers who have all, no doubt, included “attention to detail” somewhere in our cover letters and CVs, their arrogance does not go unnoticed.

If the platitudes haven’t swayed you, perhaps a more practical appeal will. Arrogance almost inevitably leads to mistakes. Underestimating opposing counsel can often cause a lawyer to be unprepared and seem unprofessional in court, or in a boardroom. Recognizing the possibility that others are competent, perhaps even more competent than you, will force you to prepare the strongest case possible. Moreover, like with other professions, even clients who are ultimately successful in their claims complain that their lawyer was arrogant and unpleasant. In today’s competitive market, having technical skills is not enough. Clients want lawyers who listen. If you don’t listen to your client, you stand no chance at getting them what they want. Finally, arrogance doesn’t make you any friends, and you might need one someday. Those same people I alluded to above may think they will get through life without the help of others, but at one point or another, we are all at the mercy of someone else. When your client’s case and your reputation are on the line, you don’t want to be in the awkward position of having to ask a favour from someone you’ve wronged in the past.

I understand that not everyone wants to play nice. What I have proposed is normative. It cannot and should not be prescriptive for it would be impractical and would lose all value. Instead, this is a request. If you think you might be that person, just stop.

By striving for professionalism, civility, and humility, we will be better able to relate to clients and co-workers. Judges always look kindly on counsel who exhibit modesty and humanity. Most importantly, however, our integrity will be intact. Humility, listening, making room for others—only in this manner can we hope to become the type of lawyers deserving of the respect we seek from our peers, the courts and our clients.

 

About the author

Esther Mendelsohn

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