When to Ignore Lawyers

In many workplaces, lawyers are the high priests brought in by upper management to confer special blessings upon various courses of action.

Much deference is given when the lawyer speaks because the lawyer is The Great Explainer of the arcane mysteries of the law. And, as we all know, grave consequences can befall any soul who fails to navigate those mysteries. Late at night, around the company camp fires, tales are whispered of employers or executives who fell into the dark pit of litigation and never surfaced.

That said, it can be as important to understand when to ignore the lawyers as it is to know when to heed them. Be wary of paying strict adherence to the lawyers when they start:

Giving advice on management practices. They are lawyers, not management consultants. Many of them have had sparse management experience. Furthermore, what makes sense from a lawsuit avoidance standpoint may make no sense from a management perspective. For example, the lawyer who advises the quick settlement of a nuisance suit may not appreciate the extraordinary damage the settlement can do to the morale of the supervisory team. Be prepared to explain that damage.

Saying no to any and all. Lawyers are trained to be cautious. They can see litigation potential in a rock. (Someone might trip over it or, worse still, throw it. Have we provided sufficient warning to our employees of the dangerous nature of rocks?) Because change brings uncertainty, they can be especially fearful of any bold actions. You need to take their warnings into account while explaining why you cannot live with the current situation. A good lawyer will find a legal - and ethical - way to meet your needs.

Being slaves to process. Executives are results-oriented. Lawyers are process-oriented. Those respective orientations are both strengths and weaknesses for each side. Executives may forge past procedural requirements that are there for a reason and in doing so create legal and ethical problems. Likewise, lawyers may be so infatuated with procedures that they may advocate following them when to do so is senseless. If you ever hear about some school principal who suspends a child for bringing a water pistol to class and cites the school's anti-gun policy as the reason, you know an attorney is lurking in the background.

Falling into blind advocacy. Lawyers are advocates by nature and profession. Great lawyers, however, are willing to speak candidly when the client's position is ridiculous. Junk-yard dog attorneys may voice your desire to be and seem right, but they won't help you to do right. Remember that the righteous indignation they summon to your cause would be just as readily summoned for the other side if it were paying their bill.

Lawyers play a vital role in the workplace and should be frequently consulted. That consultation, however, should always be accompanied by a clear understanding of when to listen and when to ignore. If you sense that your lawyer has slipped into any of the above practices, don't get upset or quietly fume. Get the topic out on the table and have an open discussion of your concerns. A good attorney will not object.