Lawyer as Advocate or Peacemaker
Lawyers play a significant, if not oversized, role when it comes to conflicts. People hire attorneys to help them navigate the conflicts, and the attorneys have a legal obligation to fight for the best interests of their clients. They are to be consummate advocates for the betterment of those they represent. Therefore, it should be an unquestioned fact that lawyers are advocates. But what about the peacemaking role? Is it also applicable to them?

Good lawyers care about the dignity of their clients, and part of showing their clients dignity is ensuring that they do not substitute their opinion on how a dispute should resolve for that of their clients. Part of dignity is also giving wise and direct counsel to their clients, letting them know the realistic odds of success in the pending dispute and whether the prospects of settlement might be better. Lawyers, especially in-house counsel, should be concerned about the mental and financial wellbeing of their clients and, as such, sometimes settlement options need to overshadow litigation process. Settlement might be cheaper in the long run, and it might bring harmony back to the workplace as opposed to continual gossip and strife related to an ongoing dispute. Clients need self-determination and, through the efforts of their lawyer, should hopefully get the end result ‘they’ desire – be it through an effective negotiated settlement or taking the matter to a judicial resolution (if a judicial resolution is indeed the best path for the client to receive justice).
Good lawyers advocate well. But the best lawyers spend as much time focused on being an effective advocate as being an effective peacemaker. The best lawyers are simultaneously assessing legal strategy to succeed in court as well as assessing the plausibility of negotiating a successful resolution for the client – putting the landing pad for the conflict on the runway of the client rather than the judge or a “jury of their peers.” Therefore, it stands to reason that the best lawyers spend as much time, through continuing legal education sessions and other mechanisms, learning about litigation strategies as they do alternative dispute resolution strategies. If this is not happening, I challenge my peers to consider this approach. The best dispute is a resolved dispute, and when clients can spend less time fighting and more time doing good work for the common good of society and humanity, we all win.
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