What Makes A Good Lawyer

I hear folks frequently talking about "getting a good divorce or trial attorney."  I also get calls asking if I or my partner are "good" attorneys.  That's an interesting question, as it's a question that is posed to many professions.  Everyone is looking for a good something, be it a contractor, doctor, or lawyer.  Seinfeld had a good stand up bit talking about referring someone to a doctor, and because that patient was referred by a particular person, that patient would receive better treatment and actual medicine as opposed to tic-tacs that were being handed out to everyone else.  So what makes one lawyer different from another, or better than another? 

Well, most lawyers generally can do the work needed to get from point A to point B.  Using divorce, for example, a lawyer can help you get from being married to being divorced.  Somewhat similarly, a cab driver can drive you from point A to point B.  However, different cab drivers take different routes, have different personalities (some like to talk to you, some talk incessantly on their cell phones, some don't utter a word), offer different services (some will get your luggage, some won't move from the driver's seat as if they were luggage), etc.. 

Lawyers are not necessarily very different.  Different clients have different personalities, different needs, and every case and every client is unique and different.  Some clients want the most aggressive lawyer.  And, being bulldog aggressive can be an effective way to handle a case.  Some clients want a lawyer that listens and is readily available.  Some clients want to micro-manage the case and be involved in much of the strategy and decision making.  Others take a more hands-off approach and only want to be consulted on matters that require a decision from them. 

To me, the best lawyer is a lawyer that listens to you.  A lawyer has to work, day in and day out, with a myriad of different people.  A lawyer has to be flexible and know when aggressive works, and when conciliation and understanding are more appropriate tools.  For example, in complex high asset divorce cases, the goal may not be to cross the finish line and be divorced.  The focus, instead, may be developing  strategies to best divide assets to ensure children's schools and activities are not jeopardized and stay minimally impacted and counsel for financial change and independence.  Aggression and assertiveness are certainly frequently used and are effective tools, but a good lawyer knows when to use them.  Over use of aggression, or aggression without a plan and without forethought, results in chainsaw surgery that has little chance of effecting a positive outcome. 

A good lawyer must also know the art and skill of poker.  Many lawyers file motions and set hearings thinking that the other side will back down instead of having to spend time responding and attending hearings.  I call this strategy a war of attrition, where the strategy is to try to wear the other side down and win based upon intimidation, not merit.  A good lawyer recognizes this strategy for what it is, and works with the client to prepare strategies and initiate drama control.  Often, drama outside the legal arena is used to apply pressure in conjunction with this strategy.  If a client is counselled that drama will be coming and is ready for it, then the effectiveness of this strategy diminishes significantly. 

I guess what I'm trying to say is that to me, a good lawyer is someone that you communicate well with, have faith in, and trust to worry about your problems for you.  I tell my clients that they pay me to worry for them, and that my job is to worry about what could go wrong and how to avoid or minimize it.  In interviewing lawyers, try talking to him/her and seeing how well he/she listens, because to me listening is where a good lawyer starts to work.