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SBAND PRESIDENT ATTITUDE PLAYS AN IMPORTANT ROLE IN SUCCESS AS A LAWYER ZACK PELHAM SBAND President Attitude. We all have one. It often varies from situation-to-situation and day-to-day, or maybe even more frequently. So much of what we do as lawyers is dependent on our attitude. Our “tude” can take us far one day but leave us marooned the next. The best lawyers strive for an even-tempered attitude when working to reach solutions. Yes, easier said than done in many circumstances. While it may feel good to “lose it” for a moment, it downgrades important attributes attorneys need, most notably, credibility. I have pessimistic tendencies, which impact my attitude. But, I am a reformed pessimist. I have to consciously work to overcome my initial negative reaction before realizing the potential upsides to the situation. I have found, upon reflection of a bad circumstance, it is almost never as bad as originally perceived. There is typically a solution available (or at least a possible solution). Practicing law makes it easy to be a pessimist, because we lawyers typically deal in negative and difficult circumstances and are programed to think of worst-case scenarios. But we do our clients a disservice if we focus too much on the negative. It is a mistake to ignore the silver lining when working on daily matters for our clients. Often, it is the silver lining that saves the day. Attempting to solve problems with other problems almost always results in the creation of more problems. While I’m not necessarily advocating for you to become Pollyanna in every scenario, neither should you be Eeyore. So, what does it take to solve our problems and, at the same time, preserve our sanity working for clients who are looking to us for help? You guessed it, a key component is our attitude. To evoke confidence does not require one to proclaim victory is assured. What folly we’d bring by such a statement. The appropriate attitude is to lace the struggles every case brings with a silver lining. It may be a struggle to find that silver lining, but failing to search for it is a disservice to our clients. Giving your unfettered and well-researched legal interpretation of the law, as applied to the facts, is what we do daily. This can be delivered to clients differently and usually depends on the client and the circumstances. I am not suggesting we “sugar coat.” Bad facts can be positive if delivered appropriately. Our attitude presenting bad circumstances to a client can be done respectfully, calmly, and with a side of compassion. Such has a greater likelihood of the client respecting you as their attorney and following your advice. At the end of the day, we lawyers go home to our loved ones and try to put aside the battles of the day. Our attitude carries over. If we have a purely pessimistic attitude during our working hours, this attitude will consume all our hours. Placing the silver lining buffer on matters at work can allow for that same buffer to apply outside of work. Perfect harmony? No. But it is a tool that perhaps you can use. Call for CLE Speakers SBAND and the North Dakota CLE Commission sponsor seminars and programs throughout the year in all sorts of formats, including live, webinars, and IVNs. We want to know about SBAND members who have ideas for topics or who are interested in being a presenter. Contact Carrie Molander at [email protected]. 4 THE GAVEL