Most people would generally agree that attorneys are part of a serious profession. Indeed, the courthouses in which lawyers operate include lined columns, cathedral ceilings, and other attributes which give the judiciary an august perception. In addition, most law firm websites include the familiar rows of professional headshots of attorneys in professional attire, which seemingly conveys the serious attitudes of lawyers at that firm. On social media, lawyers often post somewhat dry client alerts, presentations, and other media that buttress the argument that lawyers are serious professionals. Most legal writing, whether it be briefs, memorandums, or pitch letters, is often monotonous and formulaic in order to convey the importance of what is being discussed. Nevertheless, in my personal experience, lawyers can have a bigger impact in court and relate more to their clients if they are sometimes less serious.
I first realized the impact of lawyers acting less seriously when I was in law school. At that time, I received literature about a variety of different law firms that were recruiting on campus. Each of these brochures had the same bland skyscrapers and professionals in suits, and it was easy to mistake one of these firms for another. However, one of the documents was different, and the tagline of the brochure was “are you ready to rock with ___” (the blank was the name of the firm that kind of rhymed with “rock”). I really appreciated that this firm was less serious and different, and this nontraditional approach made me want to work at that firm.
Firm nicknames are another way in which attorneys can benefit by acting less seriously. There is a large Biglaw firm which has a nickname that is identical to a common curse phrase. Hilariously, the firm seems to have embraced this nickname, and their URL is even this curse phrase. People within the legal profession enjoy referring to this firm by the common curse phrase, and I even spoke to an in-house professional earlier this year who said he knows people who hire the firm because of the nickname! By acting less seriously and embracing some humor, this firm has distinguished itself in the marketplace, and this shows the power of being less serious as a lawyer.
Lawyers can also have more success at originating business if they sometimes act less seriously and connect with prospective clients on a more personal level. Of course, some clients prefer to have a serious, somewhat cookie-cutter lawyer upon which they can rely, and you can often read the room to know that this is the side you should present at a pitch meeting. However, many clients want their attorneys to be colorful characters that are real people just like them.
For instance, one time, I was pitching work that a client had been shopping around to a number of law firms. The client showed up to our meeting in shorts and flip-flops and was an extremely laid-back kind of guy. During the pitch meeting, I used somewhat colorful language to describe the client’s adversaries and the weaknesses in their arguments. I could see the client’s face light up at hearing this, and he soon thereafter chose my firm for his portfolio of work. He frequently referred to the colorful language I had used in subsequent conversations, and it was clear that acting less seriously and relating to the client on a more personal level allowed me to stand out in the legal marketplace.
Being less serious can also help lawyers with their advocacy before courts. Legal writing can oftentimes be extremely formulaic, and if we are being truthful, pretty boring. Most lawyers present their arguments in a rigid style and use bland legalese to make their points. Of course, it makes sense that writing should be easy to digest by litigants and courts so people can review materials as efficiently as possible.
However, great legal writing is interesting to read, and tells a story with metaphors, colorful language, and perhaps a few jokes. I first witnessed the power of this writing style when I was in Biglaw, and worked with a fellow associate who was masterful in the art of legal drafting. This associate would use interesting quotes, sports analogies, colorful metaphors, and other devices in order to make his point. Even though this style of writing was somewhat unusual, he wrote many of the briefs we submitted, and this creative writing was effective at conveying our points.
Even in oral advocacy, being less serious can be advantageous to attorneys. Judges are regular people like the rest of us, and their eyes can gloss over at a bland argument just like anyone else’s. As a result, using colorful language, relatable examples, and maybe a few jokes usually doesn’t hurt in oral advocacy. I remember earlier in my career, I argued an appeal in front of the Appellate Division in New York for a case involving a man who fell from a height of seven feet. I related that I was nearly seven feet tall (actually 6’9’’, but it’s kind of close!) and this didn’t look too high from my perspective. The judges appreciated my humor, and they could relate to one of my arguments more readily. Numerous state and federal judges read my columns and have emailed me over the years, and I would love to hear the opinions of jurists on this issue. In any case, it is possible that being less serious and thinking outside the box can help with oral advocacy.
All told, as I have related before, attorneys are fun people to be around, and indeed, I am really going to miss kicking back with my lawyer colleagues at holiday parties this year. However, the legal profession can be really serious and boring at times. Nevertheless, if lawyers act less seriously in certain circumstances, they may be able to originate more business and be better advocates for their clients.
Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.