Legal knowledge | Higher education » Gisele Rosselle - Exploring the client-attorney relationship, A Qualitative Study of Effective Lawyers Traits

Source: http://www.doksinet Exploring the client-attorney relationship: a qualitative study of e(a)ffective lawyers traits Gisèle Rosselle January 24, 2014 1 Source: http://www.doksinet TABLE OF CONTENTS 1. Abstract. 4 2. Keywords . 4 3. Introduction . 5 4. Literature review . 7 5. 6. 7. 4.1 Therapeutic Jurisprudence/Preventive Law and Psycho-legal soft spots . 8 4.2 Lacking Legal education . 10 4.3 Focus on lawyer’s perspective . 11 4.4 Lack of focus on client’s perspective . 12 4.5 Conceptual Framework . 15 Methodology . 16 5.1 A qualitative approach . 16 5.2 A transcendental, phenomenological research method . 18 Description of the research setting . 20 6.1 Reflexivity . 20 6.2 Bracketing . 23 Data collection and analysis . 25 7.1 7.11 The site or individual . 25 7.12 Access and rapport. 25 7.13 Purposeful sampling strategy . 26 7.14 Forms of data. 27 7.15 Recording of data . 30 7.16 Field issues . 30 7.17 Data storing . 31 7.2

8. Data Collection. 25 Data Analysis . 32 7.21 Horizonalization of meanings. 32 7.22 Clustering of meanings . 32 7.23 Textural description of the experience. 33 7.24 Structural description of the experience . 33 7.25 The synthesis . 33 Findings and discussion . 35 8.1 Trust as the “essence” of the client-attorney relationship . 35 8.2 Necessary building blocks of Trust . 37 8.21 Empathy. 37 1 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 9. 8.22 Listening . 38 8.23 Self-awareness . 38 8.24 Expertise. 39 8.25 Decision-making. 40 8.3 The quality of the client-attorney relationship as powerful predictor . 40 8.4 Confirmation of the client studies . 40 8.5 Deviation from the lawyer studies . 41 Limitations . 43 10. Future research 44 11. Conclusion 45 Appendix 1 . 47 Appendix 2 . 48 Appendix 3 . 49 Bibliography . 50 2 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change

Dedicated to my family and friends for their love, support, understanding, and wonderful assistance and to the participants who made this research possible by giving their willingness to share themselves for the benefit of others 3 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 1. Abstract Attorneys often work with clients in circumstances that are highly charged intraphysically and inter-and intrapersonally. Psychology-minded lawyers sharpen their clinical lenses to detect and deal with client-relationships at both day- and night-vision levels, including dealing with “psycho-legal” soft spots, i.e emotional issues that arise from the inherent sensitive client-attorney relationship. Lay lawyers, however, typically thrive or falter in navigating the psychological aspects of their work by using skills they either possessed before law school or acquired on the job. Research on the topic seems rather theoretical, fragmented, and mainly focused

on the lawyer’s perspective. The few empirical studies conducted from a client’s perspective concern a very specific client-attorney relationship, i.e personal injury victims or convicted criminal defendants as clients who are in a client-attorney relationship with litigation lawyers. The aim of this study is to give clients a voice and to expand the existing empirical studies by broadening the scope to cover corporate clients and lawyers in general. To bring the theory come to life, I conducted a psychological phenomenological study through in-depth, open-ended interviews with clients. Trust seems to be the “essence” of the client-attorney relationship. Empathy, listening, self-awareness, expertise, and decision-making constitute vital components of trust that is necessary for building e(a)ffective client-attorney relationships. 2. Keywords Client-attorney relationship - Therapeutic Jurisprudence/Preventive Law - Clinical lenses - Inter- and intrapersonal skills -

E(a)ffective lawyers. 4 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 3. Introduction Practicing law is working with people and human behavior daily. At the core of this practice is the client-attorney relationship. This relationship distinguishes itself by its inherent unbalanced and dependent character that triggers for strong emotional reactions. Yet lawyers tend not to have a strong grounding in psychology, and lawyers rely typically on intuition and lay theories of psychology. Given the central importance of human psychology in the client-attorney relationship, all lawyers can benefit from a more complete, scientific understanding of human thinking and interaction. To become e(a)ffective, lawyers must indeed sharpen their clinical lenses to detect and deal at both day- and nightvision levels with the client relationship, including psycho-legal soft spots, i.e areas where difficult emotions are encountered in the client-attorney

relationship. While scholars recognize the need for lawyers to expand their traditional toolkit of skills with intra- and interpersonal skills, legal education and the profession itself have not yet fully integrated those type of skills. Research on the topic is rather theoretical or fragmented and focuses in first instance on the lawyer’s point of view. The few existing empirical studies from a client’s point of view involve a very specific category of clients, i.e personal injury victims or convicted criminal defendants in a litigation context. 5 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change This study takes a unique approach in that it gives a wider range of clients a voice in a broader context by empirically exploring the clients’ view on the intra- and interpersonal skills beyond the litigation context. The purpose of this psychological phenomenological study is to better understand what and how clients, who are genuinely at the

heart of the relationship, experience this relationship, and what clinical lenses that they wish an e(a)ffective lawyer should wear. These experiences and significant statements will be clustered in themes of meanings, to enable practitioners to better understand the clients and improve the client-attorney relationship by becoming more e (a)ffective lawyers. In this study, the existing literature on client-attorney relationships will be briefly reviewed. Research suggests that the importance of the client-attorney relationship and of the attorney’s genuine inter-and intrapersonal skills has been almost completely ignored. The debate on the need for lawyers to expand their traditional toolkit with inter- and intrapersonal skills came originally from sciences outside the subject of law, such as social sciences, psychology, and medicine. This awareness grew also from within the subject of law when there were legal movements such as the comparative law movement, and in particular, the

integrated Therapeutic Jurisprudence/Preventive Law movement. This movement argues for an interdisciplinary approach of practicing law in which psychologically minded lawyers wear clinical lenses. 6 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change Findings from a transcendental phenomenological qualitative study on the clientattorney relationship in a broader context will then be discussed. Finally, implications of these findings on the client-attorney relationship will be suggested, and areas for future research identified. As such, the study expands the traditional view of the client-attorney relationship to include those relationships in a context beyond the traditional litigation context. 4. Literature review What follows is a summary and critical analysis of the existing literature on the client-attorney relationship, and in particular on the skills toolkit of e(a)ffective lawyers. Research suggests that the merit of the emergence of a

legal movement known as “Therapeutic Jurisprudence/Preventive Law” is that it explicitly conceptualizes the client-attorney relationship and the required lawyer’s clinical toolkit as a field of inquiry in itself. Despite the growing awareness on the need for enhanced inter-and intrapersonal skills in the literature, however, these skills are not yet fully integrated in legal education. In addition, empirical research focuses mainly on the lawyer’s perspective rather than on the client’s perspective. 7 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 4.1 Therapeutic Jurisprudence/Preventive Law and Psycho-legal soft spots Research shows that the client-attorney relationship has been principally ignored in literature but that social sciences, medicine, and psychology have each contributed from within their own respective disciplines to this relationship (Daicoff, 2006, 2012; Krannich, 2009; Silver, 1999). New, during the 20th century,

is the emergence from within the subject of law a series of legal jurisprudential movements such as legal realism and legal-decision making. Legal realism argues that law is not merely a matter of syllogism and logic, but rather a rich tapestry of human interactions (Winick, 1997). Now widely accepted, legal realism has been followed by a number of movements that apply many of its principles (Hafemeister, 1999). According to these movements, traditional legal analysis fails to incorporate important perspectives such as anthropology, sociology, and psychology, and the incorporation of these perspectives will result in better legal-decision making. Modern approaches to law have indeed been interdisciplinary. It is precisely within these interdisciplinary traditions where the comparative law movement is situated. This movement emerged as a new form of practicing law and includes several vectors. It similarly identifies a perspective that is overlooked and neglected, namely an explicitly

and comprehensively, integrated humanistic approach to law (Daicoff, 2006; Hafemeister, 1999). 8 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change A key vector because of its merit to making the client-attorney relationship an explicit and separate field of inquiry is the integrated Therapeutic Jurisprudence/Preventive Law model (TJ/PL). TJ/PL is “the study of the role of the law as a therapeutic agent” and calls for “lawyers who are psychologically minded and sensitive to the emotional climate of the client-attorney relationship” (Winick, Wexler & Dauer, 1998, p. 799) This multidisciplinary approach does not suggest that lawyers should become therapists or clinicians but rather that “just as an understanding of the basic principles of economics can generally improve the functioning of a business lawyer, an understanding of psychology can increase the effectiveness of the preventive lawyer” (Winick, 1998, p.904) Lawyers must

sharpen their clinical lenses to detect and deal with so-called “psycho-legal soft spots”, i.e areas of lawyer-client relations that are likely to produce or reduce anger, depression, anxiety, denial, transference, countertransference, and other emotions (Winick, 1998; Birgden & Ward, 2003). Wexler described the consideration of psycholegal soft spots as “a truly psychology-based approach to lawyering” (as cited in Birgden & Ward, 2003). This psychology-based approach is looking into our legal system with an eye to creatively incorporate clinical lenses. TJ/PJ is not at all new, because many scholars, researchers and practitioners were playing with these insights before therapeutic jurisprudence was explicated. What is new is the effort in making the perspective explicit and conceptualizing it as a field of inquiry (Wexler, 1995). 9 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 4.2 Lacking Legal education Law schools have

tended to teach very little about soft skills, and legal education does not focus much on the importance on the need for attorneys to have psychological insights. Lawyers are indeed trained as rational technical experts and interpersonal concerns, or skills have been “blatantly ignored” in legal education (Daicoff, 2006, p 6). At the same time, the insight that the practice of law is far more people-oriented than is legal education is not new. Responding in part to this debate, law schools now offer far more people-oriented courses than they did in the 1950s. Of particular interest is the emergence of “relational lawyering”, “affective lawyering”, and “client-centered approach” to lawyering which has become the most prevalent theory of lawyering taught in law schools (Kruse, 2006). Nonetheless, legal education has still not taken full advantage of the great strides that have been made within the field of psychology in recent decades. Some courses do draw on

psychological science, but they still fail to take note of many of the insights that psychology can offer (Sternlight & Robbenholt, 2008). 10 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 4.3 Focus on lawyer’s perspective There is little empirical research regarding the client-attorney relationship and required inter- and intrapersonal skills for e(a)ffective lawyers in general. Moreover, the little empirical research focuses mainly on the perspective of the lawyer’s rather than that of the client. Some general studies asked lawyers what skills they believe are important to the practice of law. Out of these studies, the MacCrate Report is probably the most comprehensive statement of skills required for practicing law (as cited in Schultz & Zedec, 2001). While this and similar general studies on effective lawyering skills suggest the importance of inter- and intrapersonal skills required, they seem still overshadowed by the

technical, decision-making, and planning skills seem to remain important as well (Daicoff, 2012), (see also Appendix 1). Schultz & Zedec (2011; cited in Robbennolt & Sternlight, 2012) also conducted empirical research that were designed to identify the skills possessed by effective lawyers, as shown in see Appendix 2. Again, the effective lawyers’ traits attributed by the lawyers themselves seem to be both of a technical and interpersonal nature with an overweighing of the technical cognitive skills. These general studies all point to the limited available research on lawyers’ effectiveness and the “limited knowledge about techniques to measures performance” (Schultz & Zedec, 2011, p; 624). 11 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 4.4 Lack of focus on client’s perspective As stated above, there is little empirical research on the client-attorney relationship in general, and even less empirical research that

takes the client’s perspective into account. TJ/PL scholars themselves indeed acknowledge that much of the work is theoretical and calls for a “new form of legal practice empiricism to examine how attorneys can deal with psycho-legal soft spots []” (Winick, 1998, p. 919) So far, interest in therapeutic jurisprudence has been limited primarily to academic scholars, and one of the reasons for this could be that lawyers have almost no empirical base on which to proceed, hence a difficulty for them (Hafemeister, 1999; Stolle, Wexler, Winick& Dauer, 1997). But “research could go further by starting with qualitative methods and then moving on to quasi-experimental methods (Stolle et al., 1997) “Therapeutic jurisprudence seems to theorize the lawyer-client interaction [] and focuses on the lawyers’ perspective rather than the client’s point of view” (Elbers et al., 2012, p 90), but it has failed to obtain the input of the system’s consumers (Petrila, as cited in

Hafemeister, 1999). What this means is that TJ/PL has only begun “to scratch the surface of that promising scholarly enterprise” (Wexler, 1993). 12 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change The few empirical studies that were conducted from a client’s perspective are very specific, however. Some concern studies on the interactions between convicted criminal defendants and their lawyers. Boccaccini & Brodsky (2002) and Boccaccini, Boothby & Brodsky (2004) conducted research regarding the role of trust in the client-attorney relationship. Trust was found to be a crucial element in the client-attorney relationship as it is the result of the attorneys’ use of a wellrounded assortment of interpersonal skills. They also found that there is a positive relationship between client-satisfaction, client-participation, and client’s trust in his or her attorney. Finally, “inter- and intrapersonal skills may be perceived as important

as perceptions about legal skills in forming opinions about effective lawyering” (Boccaccini & Brodsky, 2002, p. 60) At the same time, Boccaccini & Brodsky point to “the need to examine how attorneys can gain their clients’ trust (p.85) and to further examine the client-attorney relationship also in civil cases Another example of the few empirical client studies is Elbers et al.’s recent investigation of the interaction between personal injury victims and their lawyers. This is of particular interest because it was conducted in the Therapeutic Jurisprudence context and was done recently, i.e March 2012 These studies certainly have the benefit of starting to put the theory into practice and of shifting the attention from the lawyers to the clients. However, personal injury victims or convicted criminal defendants are very specific types of clients, and these investigations are conducted in a specific litigation context. 13 Source: http://www.doksinet Executive

Master in Consulting and Coaching for Change Elbers et al.’s study (2012) has the merit in extending Boccaccini & Brodsky’s study (2002) on “trust” to cover lawyer’s positive traits in general. At the same time, however, Elbers et al. explicitly point to the limits of the study by stating that they “were not able to generalize the study results to other type(s) of clientattorney interaction” (Elbers et al., 2012, p90) The results of Elbers et al’s study regarding positive lawyers’ traits are (i) communication, including “listening”, (ii) empathy, (iii) decisiveness, (iv) independence (towards an insurance company), and (v) expertise (Elbers et al., 2012) This study aims to further investigate from a phenomenological paradigm if and to what extent the results from the aforementioned client studies are confirmed in the broader context and whether there are potentially other traits that clients attribute to e(a)ffective lawyers. At the same time, this study

will enable us to compare to what extent these traits and experiences coincide or differ from the traits the lawyers attributed to themselves in previous studies. The objective is to allow lawyers to become better acquainted with the client-attorney relationship that is seen through the eyes of clients. 14 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 4.5 Conceptual Framework Table 1 Conceptual Framework . 15 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 5. 5.1 Methodology A qualitative approach Given the lack of empirical research on the client-attorney relationship seen through the eyes of the clients, this topic presented itself as a good area for study. Interactions between people in general, and clients and attorneys in particular, are difficult to capture with existing measures, and quantitative measures do not fit the problem. The aim is to understand the client-attorney relationship by

providing rich and emergent results that typically involve a relatively small sample of participants. I wanted to hear the client’s silent voices, to empower them, to share their stories, and to minimize the power relationship that exists between me, as researcher, and them, as participants (Creswell, 2013). A qualitative study was therefore most appropriate for my research question. To conduct my research, I indeed collected data through multiple sources, such as observing my behaviour and that of my clients, interviewing my clients through open-ended questions, and keeping a journal. I collected these data in the client’s natural setting, a source of data for close interaction. My data analysis is both inductive and deductive, allowing me to build the e(a)ffective lawyers’ traits from the bottom up. This study includes the voices of my clients, my own reflexivity as a researcher, an inductive and deductive interpretation of the client-attorney relationship and a lawyer’s

e(a)ffective traits. This study is also a contribution to the literature and call for a change in how lawyers deal with clients. 16 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change Throughout my entire research project, I focused on learning about the meanings that the participants (the clients) have about or give hold to the client-attorney relationship and the traits of e(a)ffective lawyers. These meanings suggest multiple perspectives from the clients. My research process was emergent in the sense that my questions evolved while the individual interviews took place, and this with a view to obtain as much as possible useful information (Creswell, 2013). 17 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 5.2 A transcendental phenomenological research method Qualitative researchers may proceed from many different paradigms depending on the nature of their studies. For this study, phenomenology was chosen

as an appropriate research paradigm. Phenomenology is concerned with subjective experiences and meanings; so it is an appropriate paradigm for exploring the lived experiences and meanings of the client-attorney relationship. The question guiding this exploration was: “What are the experiences and meanings of the client-attorney relationship according to clients? What traits do clients require e(a)ffective lawyers to have? By employing a broad research question, I intend to approach the essential experiences and meanings associated with the clientattorney relationship as directly as possible. The purpose of the research is to develop findings and arrive at conclusions that enable lawyers to become better acquainted with this type of relationship through the eyes of clients, i.e persons who truly experienced it. As I myself am a lawyer, I am biased for this study. By putting my clients at the heart of my study, I followed Moustakas’s transcendental phenomenological approach so I

could set aside prejudgments regarding the client-attorney relationship and launch the study as far as possible free of preconceptions, beliefs, and knowledge from my professional experience and studies. This allows me to be entirely receptive and naïve in hearing clients describe their experience of the client-attorney relationship (Moustakas, 1994). I attempted to inspect my personal perspectives to aid in suspending judgment (also known as “bracketing” or the “Epoche” (Moustakas, 1994, p;87) and reflected on my personal bias throughout 18 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change the research, although this proved to be very challenging. However, as Moustakas (1994) points out: “the process of the Epoche requires that everything in the ordinary, [] be tabled and put out of action, I, the experiencing person, remain present. I, as a conscious person, am not set aside, [], on the contrary I [] still exist as the doubter and

negator of everything”.And he admits himself that “some life experiences can simply not be bracketed out, as it is virtually impossible”. This interpretation of “Epoche” strengthened me in my journey, as I experienced it as a reflective clearing of my mind to allow a fresh openness towards the clients during the interviews” (Moustakas, 1994, pp. 87-90) To focus on the experiences of the clients, I “bracketed” myself (from a phenomenological stand point) out of the study, as a first step, by discussing my personal experiences- as a lawyer- in being in the client-attorney relationship. Interviewing my clients was key in my data collection process. My data analysis followed a systematic approach, suggested by Creswell (2013), going from narrow units of analysis to broader units and to detailed descriptions that summarize “what” clients have experienced in the client-attorney relationship and “how” clients have experienced it. 19 Source: http://www.doksinet

Executive Master in Consulting and Coaching for Change 6. Description of the research setting Clients have always intrigued me more than the law itself. One of the main reasons I wanted to participate in the EMCCC program and to conduct this research in particular was that I wanted to enhance my inter- and intrapersonal skills in my interaction with my clients. To enable myself to completely open up naively and freshly -to listen to the clients and their experiences, I “bracketed” my own experiences to the extent feasible. 6.1 Reflexivity I come from a family of medical doctors, so I hesitated quite long whether to pursue medical studies or law school. With hindsight, I did not dislike studying law, but I somehow realized along the way that I did not want to become a lawyer. Frankly, I am still not sure why I had felt so strongly about this. When I finished my legal studies abroad, I slightly changed my initial position, from not wanting to become a lawyer, and decided to do

my 3-year traineeship, believing that it would not do me any harm. I started out as a corporate lawyer, and I have been a corporate lawyer ever since, so I literally grew into the job. Surprisingly, I did like it from the start, and I still very much enjoy it. My clients and my relationship with them are truly the difference and, at the same time, these two things are the reasons why I am still a lawyer. 20 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change After having spent the majority of my career in an international firm, I, together with a few other partners, started our own Corporate/Mergers & Acquisitions (“M&A”) boutique law firm. Practicing Corporate/M&A law allows me to be very close to my clients’ businesses and to be exposed to a wide variety of sectors, enterprises, people, and projects. Personally, I think that Corporate/M&A lawyers have different personality traits than, for example, litigation lawyers, family

law lawyers, or intellectual property lawyers. Apart from the different areas of expertise, and while some basic interpersonal skills are or should be common to all lawyers, I believe that each category of legal experts has, to some extent, different interpersonal skills. I realize that this may very well have to do with how I was trained and taught in law firms. My experience shows that my character best fit with that of a Corporate/M&A lawyer, and I could not imagine myself as a litigator. Probably like many other lawyers -yet wrongfully- I always felt I was rather gifted with interpersonal skills and “intuitively” good in handling relationships with client. But at some point during my career, I somehow realized that I needed more grounding to understand others as well as myself. I felt that the existing clientoriented trainings were not sufficient because they mainly aimed to sell the firm without taking into account hardly at all the client’s needs. For a very long time,

lawyers seemed convinced that they could define unilaterally the needs of the clients. The financial crisis, however, changed the legal landscape substantially, and today we work in a clients’ market. 21 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change We, lawyers, are suddenly confronted with a changing market, clients, and the client-relationship. The initial inherent power imbalance in favour of the lawyers has indeed shifted to the clients’ side nowadays. Clients become much more demanding at all levels -our assumed- “authority” gradually disappears, lawyers today belong to the “bottom ten professions” and the amount of jokes aimed at lawyers are numerous (Kets de Vries, 2013). The challenge for us lawyers is to stop belittling and negating the clients. Instead, we must to start listening and responding to them adequately. As a lawyer I am trained, however, with the traditional technical lawyering skills by means of the Socratic

Method and its emphasis on the rule of reason, for example. Our training in law school and the reinforcement that comes with practice all contribute to our inclination to ignore the dynamics of human behavior. My legal education makes me feel sometimes “unprofessional” when I work with emotions because it seems as if this is not what we learned to do. Law school never taught me how to deal with emotions when negotiating acquisition contracts. Yet, I am dealing with clients and human behavior on a daily basis. How can I expand my “expert” toolkit and grow into a more integrated role as a “Trusted Advisor” (Carlock, 2013; Maister, Green & Galford, 1988) by bringing in the human aspect in the relationship with my clients? I am convinced that both the legal profession and clients can benefit from this integrated approach. This explains why I chose this research context and, at the same time, it formed my main motivation to participate in the EMCCC program. 22 Source:

http://www.doksinet Executive Master in Consulting and Coaching for Change 6.2 Bracketing To free myself as much as possible from my prejudgments, biases, and preconceived ideas on the client-attorney relationship and to be able to fully and freshly focus on the clients’ experiences and perceptions, I bracketed out my experiences (this method is also known as the “Epoche”). I admit that this was a challenging exercise throughout the journey. I started keeping a journal to understand how I, as a lawyer, felt about my relationships with my clients. Reflection revealed that I have a close -“Trusted Advisor” relation with some of my clients but not with all of them. In trying to understand why this was the case and what made precisely the difference, I realized it was a complex mix of things, which I cannot readily explain. I also wondered whether I would like to have a “Trusted Advisor” relationship with all of my clients. And actually, I would rather not. Sometimes, I

prefer to remain in the expert zone without evolving to the “Trusted Advisor”- role, because I feel that not all client-attorney relationships are susceptible to this. I am not sure whether this is an authentic feeling or my legal education is hindering this. I somehow surprised myself, as I recall very well when Carlock (2013) introduced us to the “Trusted Advisor” concept, when I genuinely felt that I wanted to be a Trusted Advisor to all my clients. The theme definitively triggered the choice of my research, and I started to eagerly plunge into Maister’ et al.s “Trusted Advisor” book (1988) Although his work certainly has its own merits, it somehow has too much of a sales marketing flavor to it. 23 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change I started struggling with the topic because I felt an urge to fill the meaning and to structure the chaos according to my reasoning skills taught at law school. “I am also afraid of the

results of my study and even more so about the confrontation with my clients in such a different context” (Personal communication, May 30, 2013). Realizing that I was stuck was the turning point, and that pushed me to set aside my own daily experiences by bracketing them out and going to the clients to hear directly from them about their experiences. Though frightening and challenging at the beginning, it is becoming so rich and rewarding along the way. 24 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 7. Data collection and analysis 7.1 Data Collection As suggested by Creswell (2013), I collected data through these types of interrelated activities: (i) the site or individual, (ii) access and rapport, (iii) purposeful sampling strategy, (iv) forms of data, (v) recording procedures, (vi) field issues, and (vii) data storing. 7.11 The site or individual My challenge was to find participants who all had experienced the client-attorney

relationship (see section 7.13) To create a “safe transitional space” (Kets de Vries, 2011, p. 188) as much as possible, I conducted my interviews “on-location” at the clients’ place. 7.12 Access and rapport I deliberately chose to get access to the data directly through the clients. We, lawyers, indeed very often ignore the client’s point of view, even though, they are at the heart of the relationship. In seeking each of my clients’ permission beforehand to do this interview, I explained the purpose, process, confidentiality, and the benefits of the study. 25 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 7.13 Purposeful sampling strategy In determining how I should execute the purposeful sampling, I considered these elements: (i) whom to select as participants, (ii) the specific type of sampling strategy, and (iii) the size of the sample to be studied. I opted for a combination of criterion sampling and maximum variation

sampling. All studied participants represent people who have experienced the client-attorney relationship (known as “criterion sampling” (Creswell, 2013, p.156)) Within that group, I determined beforehand some criteria that differentiate the participants from each other (i.e are they personal clients or non-personal clients, which industry do they belong to, where are they located geographically, what is their company’s shareholder ship, what is the gender of interviewee) (this is known as “maximum variation sampling” (Creswell, 2013, p. 156)) In doing so, I wanted to increase the likelihood that the findings reflect different perspectives (Creswell, 2013). 26 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change Table 2 Purposeful Sampling Strategy 1. Criterion Sampling Experienc ed the clientattorney relationshi p Y 2. Y Y 3. Y N 4. Y Y 5. Y N 6. Y Y 7. Y N 8. Y N Banking 9. Y Y 10. Y Y Consulting Engineering

Construction Interviewe e Maximum Variant Sampling Personal client Shareholder ship Gender of interviewee Industry Geographical location Y Construction Business Familyowned F Mobile Advertising Business Maintenance Business Graphic business Multinational Headquartered in Belgium Multinational headquartered in Luxembourg Headquartered in Belgium and the UK Multinational headquartered in Belgium Headquartered in Belgium Headquartered in the Benelux Privately owned M Familyowned Listed M Family owned Family owned M Headquartered in Belgium and Hong Kong Headquartered in Belgium and France Headquartered in the US Headquartered in Sweden Listed M Listed F Employe e owned Listed F Chemical business Renewable Energy Business Insurance Business F M M 7.14 Forms of data I used the following forms of data for my study: (i) observations, (ii) in-depth interviews, and (iii) documents, but the interviews were the core of my data collection. 27 Source:

http://www.doksinet Executive Master in Consulting and Coaching for Change (i) Observations Along the journey, I have been gathering field notes by using myself as an instrument (Creswell, 2013). Bracketing my own experiences out and observing as an observer and not as a participant allowed me to focus on the clients’ experiences as much as possible rather than on my own experience as a lawyer. (ii) In-depth Interviews I conducted unstructured open-ended interviews with each of my clients individually, audiotaped the interview, and transcribed it. Following CreswelI’s suggestions (2013), this involved the following steps: (i) decide on my research questions with a view to understanding the client-relationship; (ii) identify clients who can best answer these questions based on a my afore-mentioned sampling strategy, (iii) determine what type of interview is practical for my topic, (iv) use an adequate recording procedure, (v) design a user-friendly interview protocol, (vi)

pilot-test my questions, (vii) determine the place for conducting my interviews, (viii) obtain consent from my clients, and (ix) use good interview procedures. My interviews were broad-ranging, penetrating into some issues in detail. Basically, I asked the clients two general questions: (i) “What” have you experienced in terms of the client-attorney relationship? and (ii) “How” have you experienced this? I have pilot-tested these questions first with friends and also with a client to see where further fine-tuning was required. This resulted in some 28 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change sub-questions that were partially inspired by Elbers et al.’s study As expected, the sub-questions gradually evolved over time while the interviews progressed. I had a warm-up discussion with each of them before we started the official interview, and the recording only started when the first question was asked. I attempted to persuade my

clients to convey their views in detail, so I could acquire as much thorough information as possible. With each answer, I asked them what they actually meant. This allowed me, to improve my understanding and to possibly question them more in-depth. With a few of the clients, I had a follow-up interview to obtain further clarification. I paid attention to make out what the clients were not saying and to their as well as my body language: What do they not talk about? What are they telling me as a person? How do they behave? What do I sense as an observer through my five senses? Personally, I found the interviews quite challenging because the clients did not expect me, a lawyer, to ask these types of questions. I clearly felt both excited and anxious at the same time. Almost all clients made a remark on the “therapeutic” nature of the interview. I clearly felt myself that I was immersed in another role than I was used to, which was rather uncomfortable yet so enriching to me. During

the interviews and the journey, I became very much aware of my own “inner theatre” and my “Fight or Flee CCRT” (Kets de Vries, 2013). 29 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change (iii). Documents I kept a journal before and during my research journey to gather my own experiences, beliefs, and prejudgments on the client-attorney relationship, all of which were part of my bracketing exercise. Gathering these in a physically separate tool other than my interview transcripts helped remind me to some extent to keep the main focus on the client’s perspective. 7.15 Recording of data An interview protocol as suggested by Creswell (2013) proved to be very useful, as it helped me to organize my thoughts on starting my interview, concluding ideas, gathering information on how to end my interviews, and thanking my interviewees. My interview protocol was simultaneously an observation protocol, as I inserted both my descriptive and

reflective notes in two columns. I used the same technique in writing descriptive and reflective observational notes for my journal writing. 7.16 Field issues Creswell (2013) points out the various field issues that may arise in qualitative researches with a view of anticipating them as much as possible. When collecting my data, I encountered the following field issues. First, and in relation to gaining access to the clients, the fact that some of the interviewees are my own clients made me realize that this may keep me from acknowledging all dimensions of the experience. In addition, clients may be fearful that their issues will be exposed to people outside, and this may make them unwilling to disclose information. 30 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change Second, despite my strategic choice of observing as an observer and not as a participant, this sometimes felt rather artificial because I am basically the “other part” of the

client-attorney relationship. Thirdly, I initially felt I was in a double, unequal power dynamic, i.e as lawyer towards clients, on the one part, and as interviewer towards interviewees, on the other. Following Kvale & Brinkmann’s suggestion (as cited in Creswell (2013)), I attempted to use more collaborative interviewing by approaching equality in interpreting and reporting. Given the nature of my research method and related data collection, I did not come across any specific field issues regarding documents. Finally, I did find it challenging to not share my personal experiences with the clients during the interviews. I realized, however, that this would minimize my “bracketing” exercise which was required to construct the meaning of the relationship from the clients. 7.17 Data storing The issue of data storing is closely related to the form of data collection (Creswell, 2013). As the interviews formed my core data collection source, I was concerned about the quality of

the audio-tape so as to not lose any data due to poor recording. From an ethical viewpoint, I paid much attention to protecting the identity of my interviewees and their companies in my data collection process. 31 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 7.2 Data Analysis My data analysis consisted of the following steps, based on Creswell’s description of transcendental phenomenological data analysing (2013): (i) bracketing (see section 5.2), (ii) horizonalization of meanings, (iii) clustering of meanings, (iv) textural description, (v) structural description, and (vi) the synthesis. 7.21 Horizonalization of meanings After bracketing out my own experiences, I developed a list of significant statements in my interviews about how my clients are experiencing the clientattorney relationship. When listing these statements or meanings, I considered “horizonalized” them, which is basically considering them to have equal value (Creswell,

2013, p.193) When reviewing my transcripts, I coded them by identifying any relevant statements, and commenting on them. By deleting irrelevant, repetitive or overlapping statements, I was left the “horizons”. 7.22 Clustering of meanings The meanings that emerged from horizonalization were clustered together as themes and subthemes, so I could understand and describe their interrelationship better. I revised the theme labels several times in order to describe more closely the quotes that were being grouped together and to reduce the total number of meanings. I described “what” the clients experienced in the client-attorney relationship. 32 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 7.23 Textural description of the experience These descriptions provided the “textures of the experience” (Moustakas, 1994). Analyzing them allowed me to review my thematic labels in my transcripts and discover further redundancies in my quotes that

I then removed. 7.24 Structural description of the experience After this reduction, I made a structural description of the client-attorney relationship. According to Moustakas (1994), this is known as “imaginative variation” process whereby the researcher reflects on the setting and the context in which the phenomenon was experienced (p. 97) I described “how” the clients did experience the client-attorney relationship. 7.25 The synthesis Finally, I developed a composite description of the fundamental textural and structural descriptions, unifying essential meanings of the experience of the client-attorney relationship as a whole (see section 8). This is known as the “synthesis” (Moustakas, 1994, p.100) or “composite” (Creswell, 2013, p 194) 33 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change Table 3 Data analyzing process of the client-attorney relationship 34 Source: http://www.doksinet Executive Master in Consulting and

Coaching for Change 8. Findings and discussion The findings resulting from my analysis enable me to give several observations. First, the results of my study suggest that clients experience “trust” to be the “essence” of the client-attorney relationship. Empathy, active listening, selfawareness and, to a lesser extent, expertise and decision-making seem to constitute the necessary components of the main themes of the trust relationship. Clients find that the quality of this relationship is critical in predicting the outcomes of their cases or negotiations. Second, this study seems to identify that the same traits of e(a)ffective lawyers are as critical as those mentioned in the literature-reviewed client studies, albeit with some important exceptions. Third, the results indicate that there are also similarities with the lawyer studies, but at the same time, they deviate substantially. Our conceptual framework is thus partially confirmed (see section 4.5, Table 2) 8.1

Trust as the “essence” of the client-attorney relationship Clients singled out trust as the overall conditio sine qua non of the client-attorney relationship, regardless of any of the variant sampling traits. Trust was by far the most critical characteristic of an e(a)ffective client-attorney relationship. “No relationship without trust”, they say. Clients did not always find it easy to convey orally what this precisely meant to them. For example, one said, “At the start it is a gut feeling, which slowly but steadily grows over time or suddenly quickly vanishes and is extremely difficult to repair”. This client explained how “padding 35 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change bills” completely disrupted the relationship with one of his lawyers. He said, “Trust is a term with many meanings and faces”. One client viewed his lawyer as “the second most important person after [his] wife”. Finally, one of my personal

clients suggested to have “Trusted Advisor” on my business card because this title was more important to him than my name. 36 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 8.2 Necessary building blocks of Trust 8.21 Empathy Clients see empathy as one of the most important characteristics of e(a)ffective lawyers. They define it as the lawyers’ capacity for empathy itself and the empathy they have for the clients’ businesses. Many clients experience the “ongoing leeches” attitude of lawyers, especially in the current financial crisis, as a serious lack of empathy. They expect their lawyers to “stand by their clients in good and bad times and to share not only in the profits but also in the risks”. “Lawyers are very often too focused on their expertise and too far from our reality”, one said. One of them defined empathy as “listening from the heart” “Lawyers could have so much more to add in the relationship if they

simply try to understand us, how we think and feel, and to stand in our shoes”, one said. Another client added that empathy implied the “ability to understand not only the client but also the counter party in negotiations, because this, and ultimately, benefits all parties”. Another client found that the fact that “lawyers keep showing up at client’s meetings with a team of six or more as the investment banks and accountants do” is a clear lack of empathy. 37 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 8.22 Listening Another critical e(a)ffective lawyer trait is the ability to listen actively, which is according to client “so much more than the conference call listening”. “Lawyers have such a big ego that they feel the need to always talk”, one said, “even when they pretend to listen, they actually are just waiting for their turn to speak”. It might be that legal education is over-focused on speaking.” Clients see

listening by a lawyer to reflect that lawyer’s genuine interest in the client’s problem. One said, “We come to lawyers to be heard in the first instance, lawyers seems to ignore that”. “Very often we are not able to verbalize or express our emotions, but we want lawyers to also listen to what is not readily said”, said another. Clients associate good communication skills mainly with listening skills. They feel the “jargon” that lawyers use are a form of “defense mechanism aimed to protect themselves”. 8.23 Self-awareness Clients find that lawyers generally lack a good sense of self-awareness, saying that “they have really big egos, try to be always right, extremely result-driven, and very often rather rigid”. One client suggested that “lawyers always want to score to justify their (high) fees”. Clients, through their experience, see good M&A lawyers as “deal makers who can set their ego aside and who do not feel the need to negotiate details through

the night”. “Lawyers never seem to question themselves, and would truly benefit from making themselves more vulnerable, more real”, one said. 38 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change Clients suggest that “lawyers tend to think they are good at interpersonal skills, but unfortunately are generally mistaken”. 8.24 Expertise The majority of the clients say they assume the lawyers’ expertise and do not feel capable or want to judge the lawyers’ technical skills. But a minority of the clients thought that expertise was the most important criterion in selecting a lawyer. One client changed his mind during the interview and stated at the end that the lawyers’ expertise was more important than their interpersonal skills. He could not really explain the reasons for his changing his mind. Of particular interest was a client who said “we do not really care about interpersonal skills. Cost and technical skills are really important

to us. Of course, this does not necessarily mean that we want nasty lawyers, but we are satisfied as long as the costs are under control”. Personally, I found this rather surprising because it was a client for whom I have been working a lot and from whom I did not expected to hear this. The opposite voice was also there: “We prefer to work with somebody who understands us and our business and with whom we can talk and we fully trust, even if this costs us substantially more money in the end”. 39 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 8.25 Decision-making Most clients consider the afore-mentioned main themes and traits to be critical to any successful client-attorney relationship, regardless of the type of lawyers they are. Decision-making, however, was a trait which was more attributed to M&A lawyers than to any other type of lawyer. “Good M&A lawyers are real problem solvers, dealmakers with an excellent judgment call

based on a good understanding of the business and issues at stake”, they said, “they are proactive and push through the end”. 8.3 The quality of the client-attorney relationship as powerful predictor Most clients find that there is a direct, positive, and extremely powerful link between the quality of the client-attorney relationship and the outcomes of their cases, negotiations, or projects. According to these clients, the quality of their relationship with their lawyers was critical in the effectiveness of their assignment. And the quality of the relationship is defined in terms of trust which is nurtured by empathy, listening, self-awareness, to a lesser extent by expertise, and in some particular cases, by decision-making. 8.4 Confirmation of the client studies The results of my study confirm, to a large extent, the clients’ studies discussed in the literature review. Boccaccini & Brodsky (2002) and Boccaccine et al (2004) indeed identified trust as being core to

the client–attorney relationship as well as the positive link between trust and client-satisfaction. Elbers et al (2012) also identified listening, empathy, decision-making, and expertise as effective lawyer’s 40 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change traits. The fact that my study did not confirm “independence” (regarding the insurer) had more to do with the particular context of Elbers et al.’s investigation (20012), i.e the interactions between personal injury victims and their litigation lawyers. The major item that was absent from Boccaccini & Brodsky (2002) and Elbers et al.’s (2012) study is “self-awareness” The limited and focused scope of Boccaccini & Brodsky’s (2002) study seems to explain this. In Elbers et al’s investigation (2012), it seems that clients did not experience “self-awareness” as being an effective lawyer’s traits. The fact that corporate clients (on which we focused in this

study) are much more and frequently exposed to a wide variety of lawyers, compared to personal injury victims clients, may clarify this difference. Corporate clients seem to have a broader and more in-depth scope of experiences. 8.5 Deviation from the lawyer studies Our findings did only partially confirm the lawyer studies, referred to in Appendix 1 and 2. While decision-making, listening, and empathy were confirmed, it is noteworthy to see that lawyers attribute to themselves a wide range of additional skills which the clients in this study did not mention. The focus in the lawyers’ study on effective and good lawyers seems equally divided over technical skills, interpersonal skills, and planning and management skills. 41 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change Overall, this research gives multiple contributions to what we know about the client-attorney relationship and e(a)ffective lawyers traits. Our findings advance the academic

empirical literature and integrate this with the existing lawyer- and client studies. The results of my study support existing (non-)empirical literature showing that trust and clinical lenses such as empathy, listening, and selfawareness play a vital role in detecting and dealing with clients at both day-level and night-vision level with psycho-legal soft spots. This study advances our understanding of how corporate clients in a broader context beyond litigation experience the client-attorney relationship. 42 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 9. Limitations Like any research study, the present study has several limitations. First, and congruent with any phenomenological research method, this study used a limited sample which was confined to corporate clients thus limiting generalizability to other clients. Moreover, some of these clients are my personal clients, which means the possibility for them not express themselves freely is

enhanced. Second, the sample consists of clients only, their attorneys were not part of the sample. Third, as a lawyer myself, I may have biased my research. I attempted to overcome this bias as much as possible by bracketing out my experiences, but this can never fully be achieved (Moustakas, 1994). Despite the limitations discussed above, the present study constitutes an important step in the endeavor to better understand client’s experiences of the client-attorney relationship and e(a)ffective lawyers traits. 43 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 10. Future research A future study should take place in which interviews and responses from a larger response in a larger, more diverse sample of wide range of client types should be examined. Second, it would be recommendable to include their attorneys’ viewpoint and to subsequently ask for the feedback from the clients. Scholars may wish to further examine the client-attorney

relationship through dyadic research design to consider the complexities associated with the clientattorney relationship. This future research would extend the findings presented here by providing a greater understanding of the client-attorney dynamics. Likewise the collection of longitude data would provide greater understanding of the processes by which these relationships unfold as well as provide more valid information regarding causality. Future research may also wish to include secondary data to further increase confidence in the inferences I make here. Finally, from a further-to- be- investigated convergence between the clients’ and attorneys’ respective viewpoints, a practitioner’s model explaining how lawyers can establish e(a)ffective relationships with their clients could be developed. 44 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change 11. Conclusion In essence, I have endeavored to better understand the client-attorney

relationship and the e(a)ffective lawyers’ traits by giving the clients a voice. My findings indicate that clients experience trust as the true “essence” of the client-attorney relationship. Clients identify empathy, active listening, selfawareness, expertise, and decision-making as e(a)ffective lawyers’ traits that constitute the building blocks of trust in the client-attorney relationship. The inter- and intrapersonal traits seem to largely outweigh the technical skills, such as expertise, but not according to all clients though. Clients experience a positive powerful link between the quality of the relationship and the outcome of their cases, negotiations, or projects. They define the relationship in terms of trust which is nurtured by the e(a)ffective lawyers’ traits. E(a)ffective lawyers are psychologically-minded lawyers who wear clinical lenses, possessing such traits as empathy, active listening ability, and self-awareness. These lenses should enable lawyers to better

detect and handle the clientrelationship, including the psycho-legal soft spots, both at day- and nightvision levels. This study confirms, to a large extent, the non-empirical literature review on TJ/PL. It also confirms largely the empirical client studies discussed in the literature, but partially deviates from the results of the lawyers’ studies. Clients seem to focus on e(a)ffectiveness lawyers traits, while lawyers focus more on “effectiveness”. 45 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change While legal education started long ago to shift the attention from lawyers’ technical skills to lawyers’ inter- and intrapersonal skills, these skills are nowadays still not yet fully integrated in the law schools’ curriculum. A truly intrinsic and multi- disciplinary approach of teaching law using an increasing contribution from social sciences such as psychology is definitely the starting point. Lawyers should be carefully taught how

to wear and focus their clinical lenses. Finally, I have done my best to describe the clients’ experiences about clientattorney relationships and e(a)ffective lawyers’ traits. I am, however, aware and confident that many ways in which psychological science can help are still untapped. Therefore, I hope that we will all continue to build on the insights developed here. This way we will hopefully sharpen our clinical lenses to better help our clients, colleagues, ourselves, and the greater community. 46 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change Appendix 1 Summary of Efffective Lawyers’ Studies Results (Daicoff, 2012) Intrapersonal Skills Interpersonal Skills Conflict Resolution Teamwork & Collaboration Problem Solving Strategic Planning Honesty, Integrity, accountability, maturity, reliability, judgment Passion, motivation, engagement, diligence, Self-confidence, tolerance, patience, independence, adaptability, general mood,

stress management General communications skills – dealing effectively with others, listening, speaking, questioning, interviewing, influencing, advocating Empathy, - understanding human behavior Instilling others ‘confidence in you, obtaining and keeping clients, developing relationships, networking within the profession, marketing and self-promotion Counseling Managing and mentoring others Inspiring others Managing healthy conflict Meditation & negotiation Working cooperatively with others Working well with professionals in other disciplines (multidisciplinary teams & collaboration) Problem solving Strategic planning 47 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change Appendix 2 Summary of Effective Lawyers’ Studies Results (Schulz & Zedic, 2011) 1. Intellect and Cognition 2. Research and Information Gathering 3. Communications 4. Planning and Organizing 5. Conflict Resolution 6. Client and Business Relations: Entrepreneurship

7. Working with Others 8. Character 48 Source: http://www.doksinet Executive Master in Consulting and Coaching for Change Appendix 3 Interview Questions (1) “What” have you experienced in terms of the client-attorney relationship? (a) Tell me more about your “good” and “bad” experiences with lawyers (b) What criteria do you use to select a lawyer? (c) What do you expect from a lawyer? What do you absolutely not expect? (d) Do you have any difference in expectations depending on the type of lawyer, i.e Corporate lawyer, litigator, family lawyer (e) Tell me more about the link (if any) between the (i) skills of your lawyer and the outcome of the file/project/case and (ii) your participation, satisfaction and trust in your lawyer? (2) Tell me more about “how” you have experienced this relationship? (3) How do you feel discussing these questions with me, a lawyer? (4) Is there anything you would like to add? 49 Source: http://www.doksinet Executive Master in

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