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Career

My managing partner told me I lack "client instincts." I have no idea what that means. I win motions. I hit deadlines. My briefs are tight. What exactly am I missing?

— Rattled in Richmond

It means you are treating the practice of law as an intellectual exercise, and your clients are experiencing it as a financial and emotional crisis. Those are two very different things, and your managing partner is trying to tell you that you are fluent in only one of them.

Winning motions is table stakes. Hitting deadlines is expected. Tight briefs are the minimum. None of those things make a client feel heard, informed, or confident that their attorney actually understands what is at stake for them personally. "Client instincts" is shorthand for knowing when to call before they have to ask, how to translate a complicated procedural posture into plain language, and — critically — how to read the room on settlement. There is a moment in almost every negotiation where pushing further will cost your client more than they gain. Attorneys without client instincts miss that moment every time, and the client pays for it.

Start listening to what they don't say. The client who goes quiet after a bad ruling isn't indifferent — they're scared. The client who keeps asking the same question isn't annoying — they didn't feel answered the first time. If you can learn to hear those signals, your managing partner will never have that conversation with you again.

Career

I am your vintage. Coming up on 30 years of a small rural solo practice. I have staff that have been with me over 20 years. I'm toast. They know it. Help?

Tough one. This sounds like more of a divorce than a winding down. But the fact that you're recognizing this now is important. How long have you been running on fumes? Six months? Five years? It matters, because your staff will assume you knew on day one of the burnout and have been holding out hope.

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Career

I am scared to death that my craft will succumb to AI. What are your thoughts?

This is way beyond my realm of expertise, as my interaction with AI has been relatively limited. However, the "humanness" of adversity, resolution, argument, sorrow, loss, vigor, joy, pride, and fervor belong to us.

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Trial

I'm a ten-year trial attorney. I'm in trial! Urgent! Opposing counsel is a complete asshole. No cooperation on tech, no stipulations, running through orders in limine, nasty in the halls, bullies the corporate representative — everything is brass tacks. He needs a punch in the mouth. Thoughts?

I've been there. Sounds like your corporate client needs an associate or two absolutely focused on "housekeeping matters." This is a Trojan horse to have mini-trials at every break. Assuming you've got 3–4 days until closing, that's 12–16 mini-trials. Each matter you bring forth needs to be moving Mr./Mrs. Asshole off-kilter.

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Career

I am a recent law school graduate hired into a Fortune 100 company's legal department. I was an outstanding student, but outside of being bright, I have never had a real job. What should I expect?

Congratulations are in order, but so is a delicious heaping of "buckle your seatbelt." I am curious — did your parents come from corporate environments, or merely own them? Either way, in your role you will be dealing with the brightest of the bright and, in many instances, "the lowest common denominator."

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