NZ Barrister, Commercial Mediator, Blogger: Geoff Sharp Engaging Conflicts Today Interview — EngagingConflicts.com
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“I hate the way some mediators introduce themselves as ‘reformed lawyers’ — as if law is some kind of disease. I see what I do now as
a natural extension of what I did then.” — Geoff Sharp
Geoff is featured in today’s issue of Engaging Conflicts Today. He is the 2007 chair of the NZ Law Society ADR Committee and often speaks on mediation both in NZ and more recently in the United States at the invitation of the American Bar Association. He is also the author of mediator blah…blah… http://mediatorblahblah.blogspot.com/. If you would like a copy of his interview, and are not signed up for the newsletter (which you can do in the sidebar on the right!), email me this week at engagingconflicts@gmail.com with Geoff Sharp in the subject line and I’ll email it to you.
I know what Geoff’s saying. (I’ve been rebuked for calling myself a “reformed lawyer.”) He’s right that it’s a disparaging description. Yet most of the time, other lawyers know exactly what I mean and nod knowingly. If anything, I’ve reformed by embracing early and collaborative problem solving.
Tom, thank you for your insight. You are right… most of the time other lawyers know what you mean, and it can seem disparaging, especially if the context seems to signal a disdain for the role of a more traditional legal practice, done ethically. I think some lawyers who use the phrase may be so disillusioned and exhausted by their experiences with unethically aggressive legal practitioners, that they don’t remember as well the majority of ethical practitioners who do good every day with their services. There’s a very interesting article in The Negotiator’s Fieldbook, titled “Reputations In Negotiation” that practically stopped my heart for a moment when I read it… I’ll be writing about it, of course. It reports a study/survey showing that, among practice areas, the family law area had a significantly smaller percentage of true problem-solving attorneys, and also had the highest percentage of attorneys considered unethically adversarial. I hear the phrase “reformed attorney” (or others like it) most frequently by family law attorneys who have shifted their emphasis or practice to collaborative family law or family law mediation. Put another way, an implication is that family law attorneys are more exposed to unethical opposing counsel than many attorneys, and I think that contributes to some of them especially wanting to find and practice in what are possibly more ethical, and healthy, and that can be a “reformation” for them. I like your use of it, with an implication of still going forward appreciating and using your attorney skills even while perhaps changing emphasis and using more innovative skills, to handle conflict better.
Warmly,
Gini