In “A Life in the Law,” trial attorney Susan Cohodes shares pearls of wisdom from her long career in small firm practice and her transition to “less-than-full-time” practice. This month, she finds herself back in the courtroom, where two wins affirm that face-to-face communication is not just more satisfying — it’s a tactical advantage.
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The pandemic years of limited personal interaction were difficult for me. So, imagine my delight when I learned I would have two in-person hearings in one month.
Twice in the past month, I had to put on nice clothes, including shoes. Twice because I had two hearings in court. In the same room with a judge and opposing counsel, and a pitcher of water daring me not to knock it over.
As much as I’ve enjoyed motion practice and depositions in sweatpants and fuzzy socks, it turns out I had really missed actual, in-person arguments and conversations. Who knows, I might even have kept working full-time if I had not been confined to Zoom meetings for so long.
OK, no, I would not have. But I might have been less anxious and determined to cut back if human contact had not been eliminated from the practice of law.
Benefits of In-Person Legal Practice for Full- and Part-Time Lawyers
When I was practicing full-time, I always believed face-to-face contact was better than a phone call, and once email became a thing, that a phone call was better than email.
I am now convinced. First, vetting clients in person is undeniably best in a personal injury practice like mine. Back in the courtroom, the in-person arguments and before-and-after conversations are hands-down more productive than Zoom appearances — more fun for me, and better for my clients.
Assessing Clients in Person: Better for Vetting and Rapport
Even during the Pandemic, I rarely signed up a client I hadn’t met in person. I live in Seattle, so the “outside at a park” option for meeting is open to me pretty much year-round. Masked meetings on opposite sides of a picnic table weren’t ideal during the shutdown, but they were better than Zoom.
In addition to vetting, I find that it’s much easier for me to be an empathetic lawyer if I’ve met the person with whom I am trying to empathize.
I see all kinds of things in person that I would never see on Zoom, including bumper stickers if I walk the client out to their car, or tattoos and keychains if we meet indoors at a coffee shop. Those things offer a treasure trove of hints as to who this person is and, accordingly, how they will be to work with. (My favorite bumper sticker so far said: “If animals weren’t meant to be eaten, how come they’re made out of meat?” I knew immediately that this was someone I wanted to work with, and I was right. She was a delight.)
Regular readers of this column will recall that a big part of my reason for leaving full-time practice was ungrateful clients. A thank you for the cup of coffee I buy the potential client at the first meeting goes a long way toward wooing me into signing that person up, and that can’t happen on Zoom. It’s not a coincidence that the clients who thanked me for the coffee usually thanked me for their settlement check as well.
Back in Court: Face-to-Face Communication and Settlement Negotiations
I knew human contact was important in my assessment of potential clients, but until I got back into court, I hadn’t considered that I missed that part of practice, too. As it turns out, I missed it very much.
I like people, and I missed talking to them in person. Also, while I don’t practice law for my own entertainment, I don’t mind when a bit of entertainment creeps in.
Of course, I had major concerns about whether any of my appropriate clothing would still fit. But there, in the back of my closet, was the perfect dress to pair with the perfect blazer, and I was set. Since the hearings were in two different counties, I had no concerns about wearing the same clothes twice in a row.
Another bonus: Both hearings were in outlying counties, so I had a lovely drive to each and finished the book I was listening to during my travels.
I won one summary judgment motion and lost the other. However, I was able to talk with defense counsel after both hearings, and both cases settled — including the one that had been dismissed on summary judgment. I am certain that neither outcome would have happened if I had not been able to talk to counsel off the record.
In these days where calls are routinely recorded “for quality control,” I cannot imagine that defense counsel on the case that had been dismissed would have been able to talk with me and suggest what I could say to him in an email to resurrect a scheduled judicial settlement conference.
But over a cup of coffee (my treat) across the street from the courthouse, we were able to speak freely, and the case resolved. Also, I was able to catch up with him on how he had been and how his kids were doing.
Talking to People In Person: Win, Win, Win
Most importantly, I was able to save the case for my client. But I also enjoyed a nice cup of coffee and caught up with someone I genuinely like. None of that would have happened on Zoom, if for no other reason than the bailiff would have closed the meeting as soon as the judge ruled.
At the other hearing, I had a similar chat with defense counsel about the motion I won. There had not been an offer, but a candid discussion in the parking lot did lead to a settlement not too long after — and just weeks before what would have been a risky, costly trial. We also had a chance to talk about our favorite football teams and look forward to pitchers and catchers reporting. Bonus: I learned quite a bit about his corporate client and how they handle cases like mine. That information will come in handy in the future and most certainly would never have been shared in an email or on the phone.
I got into this business because I like talking with people, and that is so much more satisfying in person. My recent experience in court confirms that my prehistoric preference for actual human contact was justified. In addition to being more fun for me, it works to my clients’ benefit as well.
So, I have decided that when I get emails from young lawyers seeking advice, my response moving forward will be, “Why don’t you give me a call?”
Image © iStockPhoto.com.
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