Thursday, October 24, 2013

I will advise my client regarding the availability of mediation, arbitration, and other alternative methods of resolving and settling disputes.


Full Quote from the Texas Lawyer's Creed 
"I will advise my client regarding the availability of mediation, arbitration, and other alternative methods of resolving and settling disputes."

In his “Notes for a Law Lecture” circa 1850, Abraham Lincoln advised lawyers to: "Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser---in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be business enough."

Often, lawyers feel that they must be directive and overtly adversarial in order to prove their worth to clients. As a result, it is counterintuitive to let clients take the lead in resolving their own case.

In his lecture, Lincoln was not only pointing out the value of alternative dispute resolution to clients, but he clearly knew such practices would ensure there would “still be business enough” for the lawyers. Basically, Abe laid out the most basic of marketing plans, centering on outstanding service to the clients.

A lawyer who knows how to facilitate as well as advocate; guide instead of direct; and empower rather than overpower; is the lawyer who is remembered well when the case is over. Clients who leave with their dignity intact, and the pride of agreement, refer others to the lawyer who got them there.

Family lawyers who have the art of alternative dispute resolution in their toolboxes are not only ensuring a better future for the families they deal with, but they are also guaranteeing themselves a thriving law practice in which they can continue those good works into the foreseeable future. 


Submitted by Janet M. Denton, Attorney at Law
Fort Worth, Texas

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