Hello, Colleagues, whenever or wherever you are. Welcome to The Joyful Attorney Podcast, I’m your host, Professional Certified Coach and practicing attorney, Laura Kelley. 

This past weekend I had the opportunity to go to Santa Fe, New Mexico for an American Immigration Lawyers Association Conference. A few weeks before that I was in Cabo San Lucas (original Mexico) for a conference and a few weeks before that I was in Clearwater, Florida for a conference. 

A lot can be learned about this travel history. 1) I was clearly desperate to travel after the pandemic when most of our travel plans were on hold. 2) I love conferences. 3) The immigration bar puts on a lot of conferences. It was a dream combination of the three. Although if one conference was being held in Maui then that would have been nice. 

I want to talk about some lessons I’ve learned from the immigration bar’s cooperative practice strategy and how all areas of the law can benefit from being less competitive and more cooperative.  

Immigration law is the only area of law where the playing field constantly changes. Almost by the hour, if feels sometimes. We haven’t had a comprehensive immigration law passed since 1996 - and it might be 3096 until another one gets passed - but still our practice is in a constant state of flux due to administration changes, policy changes, regulatory changes and case law. Also, many of us practice in more than one Federal Appeals Circuit, so we have to be aware of what’s going on throughout the country. 

Because of this, the immigration bar has had to develop a cooperative strategy for practice...out of necessity. This means that we share information (not pricing information) through our professional organizations, local chapters, conferences, listservs, and even Facebook. 

This cooperative practice strategy also means that many of us have developed close and long-lasting friendships with each other. In fact, many of my dearest and closest friends are immigration attorneys who practice in the same market as me. 

Technically speaking, they are my “competitors.” - the difference between me being able to be financially bold and order a ‘venti’ caramel macchiato at Starbucks or stick to a more modest ‘’Tall’ Pike Place. 

You can’t see me in my cramped closet where I am recording this podcast but trust me, just now, I put competitors in air quotes. I did this because we don’t compete against each other. We understand that there are a lot of reasons why a client chooses a particular law firm. Many of us have specific niches. We understand that we all bring something unique and special to the table. I know that some people come to my firm because we offer fully-trained stress kittens to potential clients. More importantly, we understand that there are plenty of clients for all of us. 

What’s different about immigration law versus other areas of law is that our opposing counsel is the government. In that way, it is similar to criminal defense attorneys. In other areas of the law, there are opposing counsel that practice in the same field. Inherently, that will create a more competitive atmosphere. 

If you listened to my podcast on high conflict, then you know I believe that there is a great benefit to healthy competition. It can sometimes bring out the best in all of us. But healthy competition requires respect for your fellow competitor. It’s not a fun competition to beat a weaker competitor to a pulp. In a healthy competition, two worthy competitors inspire and elevate each other by doing their best. 

In the law, we can do this as well. We do this by treating each other with respect and dignity. We do this by not unnecessarily delaying proceedings. We do this by being honest and fair in our dealings. We also do this by allowing ourselves to learn from each other. 

We all have conferences where we learn new information from each other. This is a great way to develop a more collaborative attitude. It benefits us in that being in constant competition keeps our stress hormones activated. It’s not a pleasant or healthy way to live. When we understand that we are not the “best,” “the greatest,” etc., we are able to take on new information and techniques. 

We can develop respect for other attorneys. Additionally, we are able to develop trusting and respectful relationships that lead to referral sources, pleasant interactions, and efficient proceedings. It behooves us and our clients to establish a balanced attitude toward collaboration and competition.

This requires us to develop an abundant mindset. The opposite of abundance is scarcity. When we have a scarcity mindset, we are more likely to compete...for scraps, to take less than fair or ethical decisions. When we are in scarcity, we are greedy and needy. People tend to find greedy, needy people repugnant and repulsive. 

This harms your reputation in the community and repels clients. When you are in abundance, you recognize that there are plenty of clients to go around, that winning at all costs is not winning, that efficient and fair proceedings benefit all parties, and that your reputation for being warm, friendly, and competent goes a long way. 

If you would like to learn more about how to develop your ability to communicate in a way that demonstrates abundance and value rather than scarcity and need, I would love for you to join me in my webinar for mindful communication on Wednesday December 15th - it’s all about being in control of what you say and how you say it. It’s a 101 guide to ‘adulting’ in the legal world! 

For me, I’m the person on your Facebook page liking your posts, cheering you on. I firmly believe in lifting each other up. 

When I go to a conference, I am not sizing anyone up. More importantly, I am grateful to learn techniques and strategies not only for the substantive area of the law, but also how to run a practice. Being in the presence of people who you genuinely respect and admire is nurturing. It allows you to be abundant and bring that energy with you in all of your dealings. 

Until next time. 

Stay joyful.