Consider The Power Of Tactical Empathy

Law360 (October 3, 2019, 2:48 PM EDT) -- As lawyers, we are taught the path to success is through demonstrations of force or outward aggression. We should confidently articulate what we want, leave little or no room for alternative viewpoints (since they are necessarily inferior) and resort to fear and threats to gain acquiescence.

Attorneys attempt strategies of force in a variety of contexts, including deal negotiations, litigation, prelawsuit discussions, compensation decisions, changes to law firm or corporate policy, and even in sales pitches.

Oftentimes, however, instilling fear or applying other self-focused and forceful methods is not only ineffective, but stifles communication, erodes trust, threatens relationships and ultimately diminishes...

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