Top 5 challenges for Lawyers with career goals: Use strengths-based practices instead of deficit-based perspectives

Almost every lawyer I’ve worked with has spoken about the challenge of dealing with power imbalances. Legal training doesn't usually include what can help, such as strengths-based practices.

The balance of power looks like this: the “other side” has more X than your client. Or the “other side” has more Y than you do.

The "more" the other side has is usually a mix of external & internal resources. Such as influence, funds, expertise, time or number of team members. Or it could be inner resources like morale.

It's our job as lawyers to advocate for the best interests of our clients and maximize their choices, no matter what the “other side” has in the power balance.

But in law school, we learn a deficit-based approach where imbalances are emphasized. We’re asked:

“Name all the problems”

“What will prevent your client from getting the justice or other result they seek?”

“List everything the other side has to use against your client”

“Identify every possible issue your client will have”

If we’re not taught to do otherwise, we might pass the deficit-based approach from law school straight on to the client (whose eyes will widen in alarm).

It might seem very straightforward to harness strengths in our profession.

But in my 17+ years of lawyering, I saw more client meetings than I can count opened with an alarming list of “all the issues”. And then saw the client meeting careen towards becoming a deficit-fest with more problems than solutions.

Applying strengths-based practices is a skill set, especially during stress or adversity.

Instead of starting with an issues laundry list, a more solid starting point for the client includes identifying strengths, like:

“Your strongest priority is…”

“You have a track record of success on…”

“I can see how you have combined A and B to address a potential gap on ….”

“It’s possible that factor Z has been underestimated and can be used to your advantage…”

This doesn’t mean overlooking any problems.

It means picking a strategic starting point that provides the client with the most solid starting position.

(There are evidence-based reasons this works from the psychology of learning & development.)

For example, since most legal challenges are like a mountain to climb:

Would you teach someone to climb a mountain for the first time by telling them about all the ways they could fall?

Or by explaining the many tools they could use to reach the summit?

For more, see the “Tools” section in my book, "Trauma-Informed Law: A Primer for Lawyer Resilience and Healing, " which I co-created with Marjorie Florestal, Myrna McCallum & J. Kim Wright: http://ow.ly/ixwM50NIrWR

Or work with me individually to harness your strengths through professional coaching.

I also do group training on strengths-based practices for dealing with difficult situations.

Find more at: www.helgimaki.com under “Work with Me”.