Each time I’m engaged as a lawyer to negotiate for a client, I know I’m entering an existing conflict system. What I can never know is the impact on that system of my involvement. Nobody is perfect at this, least of all me, and in the interests of doing no more harm, I try to keep a number of questions in mind. No doubt there are others. Your favourites?
- What does it feel like to read my correspondence?
- How is my own conflict style playing out in this case?
- Are there non-lawyers I should be working with to assist with resolution?
- Am I comfortable meeting the other practitioner in person, recalling the tone of my communication with them?
- Am I remembering my client’s end goals in every single interaction?
- What is going on between me and the other practitioner? Can it be more constructive?
- Down the track, will I be proud of the way I am acting?
- Am I being triggered by communication from the other lawyer?
- What assumptions am I making about anyone and everyone in the case?
- Am I reacting or responding?
Am I coaching my client on when to ‘let it go’? - Am I acting like a grown-up?
- Should I ask someone trusted to review my correspondence at times?
- Is there another practitioner who could work better with the other lawyer than I can?
- Is anything stopping me from picking up the phone and calling the other lawyer?
- Am I standing between my client and their conflict, or have I become part of it?
- Did bravado in correspondence ever settle anything?
- Have I reviewed my draft correspondence as often as I need to?
- Should I be reaching out to a colleague/mentor/health professional for support?
