In Balance: Nobility and Peacemaking

"Next to the ministry I know of no more noble profession than the law. The object aimed at is justice, equal and exact, and if it does not reach that end at once it is because the stream is diverted by selfishness or checked by ignorance. Its principles ennoble and its practice elevates."

William Jennings Bryan, Former US Secretary of State 

         From experience and observation, I’ve concluded that as lawyers we serve our clients well when we are deliberate about peace-making. I believe this because the legal profession is among the noble professions. With that nobility comes the duty to bring healing to human relationships. Peacemaking is the healing process. What I mean, is that we, as lawyers ,serve our clients by helping them to find peace and resolution to their conflicts, when they are NOT at peace with themselves and others. In their role of counselor, lawyers are even in the position to help clients begin to resolve the conflicts within themselves.

          Lawyers have unique insights into others’ motives and plans and objectives. By way of the stories that clients bring and the problems those stories reveal lawyers become keepers of secrets.

          And it is easy to get caught up in those stories and problems . . . the other person’s anger, fear, conflict, and more. In fact, our system of laws and procedures facilitates getting caught up. By the time “discovery” is complete, counsel and client are fully engaged, fully armed, and determined to win.

          In the moments of decision about cases—each having a theme, with characters and secrets of its own—on a litigation track, I would ask, “Can this conflict be resolved without the months or years of engagement?”

Instead of getting caught up . . .

“Whoa!!!! Wait,” you say. “Caught up? Lawyers don’t get caught up in client’s cases.”

“Yes. Caught up.” Pause.

“It’s unprofessional to get caught up. You’re suggesting that lawyers are unprofessional.”

“Nothing of the sort. By the arguments and positions that we must take and appear to support with credibility in order to win—we get caught up in the client’s objectives. And the most compelling one is usually the client’s objective—to win—right?”

“Usually.  Most of the time.” We both nod, because we both know that sometimes clients have unholy objectives, not just winning.

“Then hear me out. Because WINNING is usually the top objective and the lawyer is the client’s tool for winning. The lawyer naturally gets caught up in the client’s objective, because . . .? They want to win too . . .  and get paid and be recognized. So as the agent, we’re on the frontline, the one with the right stuff to win.”

“Okay.”

“As lawyers, we naturally get caught up in the conflict—on all levels—physically as we do what we do . . .  mentally and even spiritually as we use our intellect and insights to craft questions and arguments and appeals . . .  and emotionally. Lawyers experience and even absorb client emotions . . . including some really icky ones. They must, in order to sort the emotions out, acknowledge them, provide assurances, redirect client energy, and then . . . channel the essence of that emotion into zealous representation . . . and it needs to authentic and appealing to decision-makers.

          So, yes . . . caught up is what usually happens. And then the lawyer and client, after months or years of back and forth, will meet the opposing lawyer and client in court . . . before a judge or jury of strangers. 

          However, rather than getting caught up in someone else’s conflict, why not become the peacemaker?

          With the same zeal for winning, why not look for ways to bring peace to the situation on terms that are a win for their client . . . and a win for the other side too?

         In conclusion, when lawyers and clients step off the litigation track and choose mediation, they encounter the strength of self-determination. They also discover that mediation is one of the best ways to transition legal conflicts into peace and resolution . . .  on their own terms.