Facing fears, spreading cheer, and avoiding legal 'Grinchiness'

The holidays are a busy time for lawyers. As year-end billing comes to a close and attorneys are bustling with casework before the holiday break, this time of the year also heralds the sounds of cherished children's stories and carols that all people, lawyers included, know and love.

While these tales impart morals like generosity and overcoming adversity, lawyers may also want to listen in to how these fables can apply to the practice of law. For instance, lawyers may be as wary of a difficult client as Clara is of facing the Mouse King in the Nutcracker. Lawyers can have a reputation for being as miserly as Scrooge or for not showing warmth and kindness to their fellow humans. Lawyers can also sometimes benefit from a change in perspective, causing their hearts to grow three sizes larger.

With a little self-reflection, lawyers can transform from their ghosts of seasons past. Below are some lessons on how lawyers can avoid risks, plan wisely for the future, and be more charitable this season.

The Nutcracker: Facing fears

Some attorneys might read of how a malpractice claim crippled another's law practice. Still others may recall a personal incident with a problematic client that caused them to reach out to their own malpractice lawyer. The fear of a malpractice claim can stifle lawyers' ability to face their fears, no differently than Clara's fears of the Mouse King in the revered holiday ballet.

However, lawyers can face these fears by being aware of the risks of practice, adapting to changes in the legal profession, and addressing client problems when they first arise.

Engagement letters are a critical aspect of risk management. In fact, many law firms require attorneys to obtain an engagement letter for new clients and sometimes for new matters. Particularly with new clients, an engagement letter allows lawyers to define the scope of representation, which can be an effective tool to limit potential liability. Additionally, when attorneys are responsive to client concerns, they can mitigate the chances that issues will compound into a potential future suit. Even a quick phone call or email to address client questions about a case can make a big difference.

Lawyers can also take steps to protect against another high-profile risk - the risk of a cyberattack. Precautions like implementing VPNs and security screens on computer devices can be invaluable. Law firms may have to defend their organizations' technology practices in the future if there is a cyber event. Lawyers who can show that they took proper precautions can reduce the risk of an attack ever happening. or at least its impact.

The Grinch: Put aside materialism and transform

Lawyers can be known to focus on rules, evidence, outcomes, and material wealth. However, it is important to remember that amassing many billable hours and large verdicts do not, on their own, make good attorneys. Sometimes attorneys' best clients are the ones who return again and again because the legal team showed client loyalty and compassion, solid work product, and integrity when making strategic legal decisions.

It can be difficult for attorneys to turn away client business. However, sometimes lawyers blinded by the potential for a sizeable fee may take on representations that, in retrospect, were fraught from the beginning. Future malpractice claims can sometimes be avoided by screening for conflicts or recognizing that the client is not the right fit. Perhaps the new work is not within the realm of the firm's expertise and current practice and should be referred to another firm that does that work more often. Screening clients more thoroughly can also reveal more troublesome clients; those who hire a series of lawyers, because none can meet their expectations, may never be satisfied. Keeping these issues at the forefront of the mind can help avoid a situation where lawyers are too late to wish they had done things differently.

Attorneys should remember to be open to change just as the legal landscape grows and transforms. Indeed, as law and policy develop in a rapidly-evolving era of technological advancement, so too does the lawyers' applicable standard of care. The Grinch adapted too, returning the Whos' gifts and partaking in Whoville festivities to show his changed nature. What may have worked and been appropriate at one time may not be the standard now. Keeping abreast of the current legal market with CLE courses and training is one way to identify changing rules and be up-to-date on the lawyer's ethical obligations in that jurisdiction.  

Dickens' ghosts: The importance of community

In many ways, the caroling, silver bells, holiday cheer with friends and family, and allegorical children's tales all center around the significance of caring for those around you. Widening the focus from individual pressures of the law and growing to-do lists to the greater well-being of the community is integral as a practicing attorney and as a good person. Seeking out the advice of colleagues and simultaneously helping them when they are in need develops collegiality and respect. This also keeps colleagues engaged with their work and fosters commitment.   

Volunteering also gives lawyers and law firms alike an opportunity to be altruistic and grounded in the present. Lawyers have stepped up to lend a hand to their communities and vulnerable populations by raising money for local charities, donating to local food banks, and providing pro bono legal assistance (instead of asking "Are there no workhouses?"). Even with busy schedules, many find that making a positive difference in other's lives can be immensely rewarding. It is an opportunity to meet people and forge community ties all the while sharpening legal knowledge and skills.

Happy holidays!

Shari L. Klevens and Alanna G. Clair are partners at Dentons US LLP. Brittany De Vries, a managing associate at Dentons US LLP, contributed to this article.