What it Truly Takes to Be a Good Leader, Good Lawyer---- My
Advice to the Aspiring Young
Without going into details of names and jurisdictions and suffice it to
say that as a longtime member and now a Regent of the NCDD, I am privy to the
politics of great leaders across the country… It came to my attention recently
that two lawyers I dearly admire (one a lawyer, one a judge) are dealing with what
lawyers should never deal with: one a grand jury subpoena, the other a grand
jury investigation. Bottom line, my
opinion, both will probably rise above the fray on legal grounds but regardless, I strongly believe both could
have avoided their plights. The key ? Do
your job. Just do your job and refrain from negative comments
and backlashing. There is no
reason to engage in personal attacks. Although it is very hard sometimes to
hold back, calling someone by name “a bully” (whether or not it’s true) or
threatening an FBI investigation will sometimes get you just that: bullied into
a grand jury investigation to see if something sticks or the FBI investigating
YOU whether or not there is anything to investigate.
I started reading books on Founding Fathers 7 years ago (http://foundingfathersfervor.blogspot.com/2011/01/mimi-coffeys-reading-list.html
). It all started when I read Joseph Ellis’ Founding Brothers book. In just
one book I got a snapshot of the
lives and interactions of the greatest men in our country who risked everything
and worked together to create the world’s greatest democracy. I was hooked. My quest for studying Founding Father
literature began with that book. I NEEDED more. Not only did my mind go back in
history and give me firsthand the reasons why various constitutional provisions are what they are, I could stand up in court
and better argue the law. Brilliant, right ?
So I have kept on nonstop for 7 years always reading in my nonworking
spare time a book which I believe helps me understand the spirit of the Founders
and this country. This has expanded into Washington’s Generals, the ladies behind
those great men, etc. even encompassing a study of the history of the French
Revolution that happened at the same time. What made our leaders smart enough
to bypass the masses dying via the guillotine versus the French ? This endeavor truly made and makes me a
better lawyer. What I did not realize at that time or all these years, was that
reading these Founding Father books was
the perfect training ground on politics and diplomacy. Being a criminal defense lawyer, is being a professional
beggar (mitigating damages) and diplomat the majority of the time. Only 20-25% of my cases go to trial, the
other 75-80% require skill in negotiation. The Constitutional Convention- one
of the greatest lessons in diplomacy that exists in this country for us to directly
study (massive details left by works like the Federalist Papers, and
biographies into the lives of those Founders). When I sit across a DA who holds
the key and upper hand in negotiation most of the time or with a judge who has
their own inner agenda, it is a HUGE
responsibility for me to maximize all my diplomacy so that at the end of the day
justice happens- my client benefits.
Many a time, I have felt my blood pressure skyrocket and have had to
leave to return on another designated day, a day more suitable once proper
seeds have been planted and better understanding exists to finish the deal.
Reading how Alexander Hamilton, although a prodigious financial genius and
industrious government visionary, stifled his rise to the Presidency or had
some of his biggest plans go awry because he lacked people skills in
negotiating and was eventually killed by his political rival in a dual is great
lessonry in diplomacy. Or studying how Andrew Jackson through an innate genius
in managing how to appeal to the masses could work magic with his political
enemies , or how Thomas Jefferson being the visionary personally picked out and
trained two protégés James Madison and James Monroe to continue his
Presidential doctrines and agendas as they took office is prime example of how
if you want to be great, study the greats. This really applies to all fields
but the politics and diplomacy have particular relevance to lawyers. Many people in their zeal, although their
hearts are unquestionably directed towards the benevolence for others, do all
society an injustice when they communicate hateful messages for example towards
President Barack Obama or Texas Governor Rick Perry. They forget the most
important things which is policies don’t define us, working together for
everyone’s good does. No public servant,
whether the President, the governor, the judge, or the DA (especially) does
it for the money. No politician, judge
or DA takes office instantly knowing all the right things to do. We all learn
through trial and error, all jobs have a learning curve and smart people never
let that curve stop. It is unfair to
criticize a person maliciously for the decisions they make in their job. I can
attest to the fact that some assistant DAs that I initially disdained (not that
they would ever know of course), through time and experience have turned out to
be some of the best and I their biggest fans. None of us can be effective by
being thin skinned. We can’t take disagreements in our job personally against
others, this attitude will never help others to see it our way or learn. To effectively negotiate we must first, no
matter what, see the value in others despite their positions.
If my lawyer friends
had let their zeal calm down, they might have thought twice before making statements
that had no productive use other than to pin others down in a corner for which no
one benefits. I’m hoping everyone
involved in that, takes a few to deeply think about what is relevant and moves
on productively. I respectfully disagree with President Obama’s
statement that law schools should be two years versus three. Not only do we need internships (like doctors
after schooling for real life training), we need to add diplomacy classes and
training. The best lawyers are the best diplomats. The most effective judges, DAs
and defense lawyers are those who know how to get along with everyone. Only
when there is mutual respect can there by possible change. For those public
servants who don’t belong in office, what goes around comes around. Life has a
funny way of shaking things out---- many times the right way. So young people
aspiring to be lawyers, watch your FB posts, Twitter posts, and Instagram
shots- be diplomatic. Don’t let disagreements be a reason for hatred and
unwanted posts that no one desires to see.
Be mature and although you can’t
see the big picture yet, know that there is one. For example, the greatest
politicians have capacity to bounce back and do- look at first Supreme Court
Justice John Jay: after the Paris Peace Treaty his effigy was being burned in
the streets (he feared for his life) only to later be elected Governor of New
York. So key words: DIPLOMACY,
DIPLOMACY, DIPLOMACY. As for me, I will keep taking a breather every time
someone sends me a disrespectful political email or I pass an uncouth bumper
sticker- because even for them, there is always hope.
