The Myth of "The Tough Lawyer"

Most individuals and small businesses are in the dark when they seek a lawyer. And with the advent of lawyer advertising in the mass media, the selection process has become even more confusing than it was when lawyer advertising was illegal.

Whether it's negotiating a contract, appearing in Court, or handling a divorce, a substantial number of legal consumers believe that a "tough, aggressive" lawyer is better than one who is not viewed as "tough" or "aggressive". This belief is grounded in the misconception that adjectives such as "bulldog", "tough", "aggressive", or "obdurate" are synonymous with "competence", "knowledge", "skillful" or "effective".

The simple truth is that a "tough lawyer" is not always a "good lawyer". In fact, some of the very best lawyers that I know - and who also are recognized in the profession as being among the best - are attorneys that few would describe as "tough" or "aggressive". Instead, these elite lawyers are ethical, knowledgeable, talented and competent, and they provide solid representation for their clients. The list of such attorneys is a long one, and includes lawyers with whom I have been associated and against whom I have battled in Court.

But in my profession, like most others, the public's perception of a practitioner's reputation is what gets a prospective client in the door. And too many attorneys spend thousands of dollars advertising their aggressiveness (carefully, I might add, to avoid disciplinary action by the State Bar) while lacking the legal skills to deliver the best representation.

So what can a legal consumer do to improve his or her chances of hiring the right lawyer for the right job? It takes a little effort, but the effort is worth it.

First, the legal consumer can access attorney peer review ratings and client reviews by consulting professional websites like www.lawyers.com. Additional information about an attorney, including information about any previous disciplinary actions, can be obtained at the State Bar of Texas website, www.texasbar.com. Finally, seeking a referral to an attorney by a family member, friend or business associate who has had previous experience with the attorney is useful, as well.

This article is not intended to criticize or deride any attorney who uses the public media for advertising. Many attorneys who advertise in the media are competent in their areas of expertise. Rather, the purpose of this article is to encourage individuals and small businesses to avoid relying solely upon the public perception of the professional reputation of a lawyer in choosing legal representation.

When selecting a lawyer, do your homework. You will be glad you did.