Monday, May 5, 2014

Don't Kid A Kidder


What is it I do for a living?  I try to discover the truth.  The truth is not what my client says.  It is not what the other side says it is.  It's a mixture of both.  How do I figure it out? Well, truth be told, sometimes I don't.  Usually, however, I'm successful.  I look at documents, and talk to witnesses. That tells me a lot of the story.  What usually seals it for me is not what is said, but how it's said.  I mean body language, facial expressions, tone of voice and choice of words.  When they say it's not what you say but how you say it, it's true.

I've been reviewing the videotapes of my students in law school's final exam - a simulation of parts of a collaborative case.  What I looked for in the tapes was whether they understood the teaching objectives.  Their client skills and execution were not as important as their getting the concepts.  Most of them understood the teaching objectives. There were a few, however, who did not.  I respect the ones who were obvious in their lack of understanding.  Some made outright mistakes - and apologized to the clients.  They didn't get the highest grade, but at least they struggled through it.  One or two figured they could bluff their way through.  I saw right through it, and so will clients.  Most clients know when they are being snowed, and they don't appreciate it.  Most clients understand that we don't know everything.  They respect us when we tell them so, especially when we then find them the answer.  They know we make mistakes.  Some mistakes are huge and an apology doesn't fix it....but it helps, especially when followed by an honest attempt to make it better.   Here in the Trenches.

Puppy Girl update:  Puppy Girl and Dr. Danny went to see the vet.  As I said, our vet is a big Dr. Danny fan.  She ran blood work and a urinalysis, did a sonogram, and a physical exam.  Nothing.  The vet says Puppy Girl is healthy; Dr. Danny disagrees.  She's acting fine, but then again, she always does.  We'll keep an eye on her... and on Dr. Danny.

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