Lawyers Should Leave Their (& Their Clients’) Egos at the Door
Lawyers tend to be competitive by nature and never more so than when they are being zealous advocates for their clients. This personality trait may be productive and successful for a lawyer in some cultures, but not in all, and not when that competitive trait gets tangled up with one’s ego. It can easily get in the way of a successful mediation outcome for the lawyer’s client. More often, however, it is the client’s ego that gets in the way of a fruitful settlement. Too many times the challenges of a highly-contested mediation become more about a contest of egos than a search for a workable solution, thoughtful negotiation and a positive, timely result.
Lawyers should not forget it is their clients’ case, not theirs. They should not let their egos prevent them from recommending acceptance of an offer lower than originally proposed or from making an offer for more than they originally said was their “top dollar”, if it will ultimately lead to a settlement in the long term interest of their clients.
If it is the clients whose egos are preventing settlement, this is a very difficult and delicate situation for the lawyer. If the lawyer believes the clients are letting their egos get in the way of a favorable settlement—one that is in the clients’ best interest, the attorney should explain why it would be better to look at the situation as a business decision rather than a personal or emotional one. Pointing out the cost of depositions, experts, attorneys’ fees, motions, trial, or any interest that may accrue, as well as the emotional investment of continuing the dispute may enlighten the client. Even if it is constructive information, however, the client may become defensive and not listen. If the attorney is uncomfortable having this conversation with the client, it is often better to have the independent, neutral mediator raise these issues for the client and suggest that, although the mediator understands the clients’ position, it would be good to take a step back, take ego out of the equation, and have a renewed conversation with their attorney about settlement options, taking these realities into consideration.
It is often hard to close the door, and close the deal, with too many egos in the room.
Be sure your ego isn’t the one preventing a good result.