With no medical or psychological training other than my 35 years on this earth, I strongly believe that the litigation process for any single claim is largely dependent on the personalities of those involved. This does not just include the clients (who are obviously emotionally involved in a dispute) but also the solicitors and even the judge if the matter goes to hearing. An awareness of, and sensitivity to, such nuances is highly beneficial to lawyers and their clients.

Here I examine the lawyers.

The four Cs

No, I'm not talking about diamonds. Research (Google is a recognised research tool for a lawyer right?) tells me that the "best personality traits" for a litigation lawyer are confidence, credibility, conscientiousness and civility. While you couldn't be blamed for thinking this list was simply based on coming up with words beginning with the letter "c" to be clever, when you consider their meanings there is much merit to the list.

Confidence

Performance in a court room, doing battle in litigation, attempting resolution at a mediation or interacting with another party can sometimes come down to the ability to sway a person not only by the force of argument but also by the convincing way that it is delivered. Confidence can be key in dazzling a claim or situation into the outcome you want. It can also assist in putting clients at ease and facilitates the acceptance of a situation and the giving of instructions.

Civility

Civility comes next. It is the ability to respect your peers and everyone involved in the litigation process from the mailroom clerk to the judge. Delivery of content without respect leads to uncivil behaviour harming any negotiation process. This inevitably leads to unnecessary work and increased costs.

Credibility

Credibility follows closely behind and is very much intertwined with being conscientious. If your argument is lacking the ring of reality and legal accuracy, you'll be dismissed within moments.

Conscientiousness

Being conscientious must be the backbone to any lawyer's performance. It is upholding the tenets of the profession with our ethics and professional responsibilities.

One would hope that all lawyers strive to meet the four Cs but alas the nature of our kind is that passion is often a factor as well.

Time will tell if I dare write an update touching on the effect of the personalities of clients or even judges in litigation.