We all like to be listened to. It feeds our self confidence to think that others value our thoughts, opinions and advice.
However, there are places where you do not want to be listened to. Especially if you are a lawyer.
Here’s a case in point I never will forget that occurred while I was traveling on the train between DC and Philadelphia on the way to a business meeting. I boarded early, and the seat next to me was taken later by an attractive young woman. We settled in, and, as I was reviewing my notes for my meeting, she pulled out her phone and made a call. We were not in the Quiet Car, so that was fair play.
However, the call lasted a long time, and from her end of the conversation, it became clear to me that she was a lawyer speaking to her client in Australia. By the time she hung up, I knew a lot about her, including the name of her firm, the name of her client, and the subject of her representation. I even knew the name of the opposing party in the dispute and the strategy she and her firm intended to put forth in handling the dispute.
As a fellow lawyer, I was shocked. As she ended the call and relaxed into her ride, she addressed me and said, “I hope you didn’t mind me making the call.” I hesitated a moment, tempted to take the easy way out, but then I responded, “Oh, yes”, I did mind. You see, I also am a lawyer, and what I just overheard runs contrary to everything I have learned about the discretion required of lawyers when it comes to client information.” I then described all that I knew from her conversation. I also told her that I was familiar with her excellent law firm in Philadelphia and some of the lawyers there. Lawyers who would not be pleased to hear about what I had witnessed. But I also made certain to tell her that those lawyers never would hear about it from me.
In case you are wondering, I knew I was taking a risk in being honest and candid with this young lawyer. She could easily have become defensive and lashed out at me, making a bad situation even worse. However, I also knew that she needed some guidance before she found herself in a world of hurt.
In my book, New Lawyer Launch: The Handbook for Young Lawyers, I include a story shared by one of my contributors. That very senior lawyer happened to read in the newspaper one morning about a young woman lawyer from his firm who had been arrested for disturbing the peace at a local dive bar. When he later confronted her about it, she responded with something to the effect that she was on her “personal time.” His response went something like this: “THERE IS NO SUCH THING AS PERSONAL TIME FOR LAWYERS IN PUBLIC!”
The moral of these stories is that you don’t stop being a lawyer just because you change into casual clothes or you can’t wait to call your client in private. You are always a lawyer, and you need to act like it in every setting. You are subject to a Code of Conduct and Ethical Considerations. If you want to go crazy, do it in a private setting. You are not a free agent who can just go with the flow and risk harm to yourself and others.
Do not put yourself in positions like this. There are those who will delight in harming you. And your career hangs in the balance.
Because you never know who is listening and watching.
