“Fools believe silence is a void needing to be filled; the wise understand there’s no such thing as silence.”
Michael J. Sullivan, Age of Myth
Client: Why do I want to pay for two lawyers to be in this meeting?
Before you read this story, I should let you know that this is a sad story which does not end well.
Long ago I had a great professional relationship and friendship with Laurence. I liked Laurence a lot. He was honest and ethical. He cared about his clients, his family, and his relationships. He taught me valuable lessons about dealing with clients and co-workers.
I spoke to a young lawyer the other day who hails from another country. I will call her Natalie. Natalie explained to me that where she comes from, the culture is such that self-promotion is frowned upon. In her country, people do not think much of braggarts and blowhards. They respect people who are humble.
“This above all: to thine own self be true, and it must follow, as the night the day, thou canst not then be false to any man.”
Hamlet – William Shakespeare.
I drove into the Big City the other day and had brunch with an old friend who I will call Sandy, because that is her name.
Now that I have been retired for a few years, I sometimes wonder whether my experience as to how law firms work remains valid. Also, since I spent my days with medium-sized firms and not in Big Law, I occasionally worry that my view of what goes on in Big Law is not correct.
But then I speak to lawyers working in Big Law and they invariably confirm that Big Law is exactly what I always thought it was (which is just Medium Law on steroids, with worse side effects), and nothing has changed, and likely never will.
“If you don’t know where you’re going, you’ll end up somewhere else.”
Yogi Berra.
I was speaking to an unhappy lawyer the other day, which is typically the only type of lawyer that calls me.
This particular fellow has been practicing law quite a long time and makes decent money. His unhappiness stems from his insecurity, that so many of us share, about whether the clients will continue to come, and the fact that his work is too easy. He needs to develop his reputation so that he is in demand. He must also attract some more complicated stuff to sink his teeth into so that he is intellectually challenged and feels that he is doing something valuable for his clients.
So, so much chatter about Chat GPT. I believe some of it. I think that some of it is nonsense.
Here is the bottom line:
Back when I was practicing law, ignoring my health, and always exhausted, there were oh so many things to think about. One of them was referral fees.
Of course the Law Society has rules about referral fees, as they should. (There are a whole bunch of other things that they have rules about which they should not be involved in, but I will save my rant about that for another day.)
In our firm, we kept our rules about referral fees a whole lot simpler than the Law Society rules. We did not pay referral fees and we did not accept referral fees.
Back in 1996 my sister became a doctor. No, not the type that the cabin crew calls for desperately at 35,000 feet when some overworked lawyer has a heart attack. One of the other kinds. In my sister’s case, she holds a Doctorate in Psychology, which is often quite useful given the level of crazy in my family.
For her doctoral thesis, my sister designed an experiment which examined, among other things, the effect of gender on the diagnostic process. She sent a questionnaire to medical doctors and psychologists describing the symptoms of a patient and asking them to suggest a diagnosis. The description of the symptoms received by each clinician was the same, except for one tiny discrepancy. In some cases the patient was described as a woman with certain symptoms typically associated with premenstrual syndrome and which she reported experiencing over several days before the commencement of menstruation. In the others, the patient was described as a man who experienced the same symptoms every four or five weeks.