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The Role of Lawyers

The Role of Lawyers. How do we view the world? How do others view us? How do we view our relationship with our clients? How do we view conflict?. The Lawyer’s Standard Philosophical map. What are its characteristics? Does our legal education contribute to our worldview?

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The Role of Lawyers

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  1. The Role of Lawyers • How do we view the world? • How do others view us? • How do we view our relationship with our clients? • How do we view conflict?

  2. The Lawyer’s Standard Philosophical map • What are its characteristics? • Does our legal education contribute to our worldview? • What are the benefits of bargaining through agents ( i.e. lawyers)? • What are the downsides? Thinkers v Feelers, developing empathy

  3. How are lawyers viewed in our society? • Role of the media • How does it affect our clients? • How to counter the negative

  4. How do we view our relationships with clients? • Models of Lawyering • Determining the scope of representation and the attorney’s role in determining the scope • Controlling clients • Addressing issues not controlled by the law

  5. Dealing with Conflict • Naming, Blaming and Claiming • Transforming Disputes • Conflict styles

  6. Avoider: The Turtle • Lose/Lose • Conflict? What conflict? • Strategies: flee, deny, withdraw, delay, wish and hope. Give up on personal gaosl and relationships • Feel conflict resolution is hopeless, easier to withdraw from a conflict than face it.

  7. Compromisor: The Fox • Win some/lose some • “I’ll back off if you do the same” • Strategies: bargain, split the difference, cajole, reduce expectations, a little something for everyone • Moderately concerned about their own goals and relationships • Seek a compromise

  8. Accommodator: the Teddy Bear • Lose/Win • “Whatever you say” • Strategies: agree, appease, flatter • Relationship of great concern, own goals not as important • Wanted to be accepted and believe that conflict should be avoided in favor of harmony

  9. Competitor: The Bull or Shark • Win/lose • Do it my way or not at all • Strategies: compete, control, outwit, coerce, fight • Goals are highly important, relationship is not • Assume one wins, one loses • Want to win, which gives them a sesne of pride • Try to win by overpowering and intimidaating others

  10. Problem Solver or Collaborator: The Owl • Win/Win • “My preference .. What’s your choice”? • Strategies: gather info, look for alternatives, dialogue openly • Highly value their own goals and relationships • See conflict as improving relationship by easing tensions

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