The Challenges of Being a Bad Lawyer
I know this is technically a blog, but, if it were some other social media platform, that right there, my friends, would be “click bait.” What?? This guest blogger is going to talk about how difficult it is to be a lousy attorney? But, no, I don’t mean bad lawyer in the sense of legal incompetency or shaky professional ethics; I mean it in terms of being the bad-guy lawyer, the bearer of the bad news, the lawyer whose job it is to tell the client that he or she is not getting a settlement or can’t win the case or …any number of other unhappy communications.
It turns out that I am conflict averse. That this was news to me was pretty lame because I chose – at age 49! – to go into litigation after graduating law school. In fact, I chose to join the products liability defense litigation practice group when I joined a Milwaukee firm the September after graduation. For some reason, I imagined that being a litigator would suit my personality, which, as my husband will confirm, likes to win arguments. But it turns out I didn’t have a very good sense what litigation entailed: rather than using persuasive argument to prevail on some esoteric, high-minded point, litigation is really more like a bare-knuckled battle royale. For me anyway, there was just too much…conflict. And, I was too old for it. It was exhausting.
When I changed course in my legal career and became general counsel for a national insurance trade association, I thought I’d left my conflict days behind me. But, another epiphany here (and, yes, I really am getting to be too old for these), there is “conflict” even in a legal profession that is primarily transactional.