I recently completed an arbitration in a hard fought case. The results were OK, but neither I nor my client was satisfied that justice was served. While I can see why the three arbitrators ruled the way they did, I cannot dispute my resentment of the process. Despite this, I still believe in the adversarial process. At the same time, I acknowledge that to maintain one’s sanity, one must accept one’s role and work to make it align with your belief system. There are three areas where this is extremely difficult.
You Know You Are Right.
In advocating for your client, you put the best case forward. In your mind, you know you are right. However, the other side is also putting on their best case, and they are just as confident in their client. How can both sides be right? It’s part of the zealous advocacy that we all take an oath to practice. If you aren’t pushing every aspect of your client’s case, you are not zealous in your representation. Likewise, you must exploit every weakness the other side shows, just like they will exploit your weaknesses. All’s fair in love and war, and there is no doubt that litigation is war. However, professionalism towards the other side, the court and the witnesses can help ease the tension of the adversarial process.
You Have Little Control.
Sure, you can file motions in limine to keep out bad information. You can prepare your client for hours on end on how to respond to direct and cross examination. You can hire experts to support your view of the case. All of these are ways to try and manipulate the facts to your advantage. In the end, though, facts are facts and you cannot change them. Accepting that truth can help you have a better outlook on the process.
The Decision Making is Out of Your Hands
After putting years into a case, you finally reach trial. You’ve put on your case and made the final argument to the jury. Now is the hardest part of all. Waiting for a decision. It is out of your hands and you now have no control of where the case is heading. It is great if the result is for your client. It is gut-wrenching when the jury finds for the other guy. I’ve been on both sides and I would rather not lose. Acceptance that certain things are out of your control can help you reconcile your role in the adversarial process with your job satisfaction.
Being a trial lawyer is not for everyone. But it is a necessary job in our democracy. A coach can help you align your work with your belief system.
Contact me for complimentary 30 minute session to find out how a coach can help you align your career with your belief system!
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