“As a coach and a teacher I learned a long time ago you’ve got to bring them along, and then when they’re ready they’ll show what they can do.” Bo Ryan, Head Coach, University of Wisconsin Men’s Basketball.
You don’t have to be a big basketball fan to know that the University of Wisconsin’s Frank Kaminsky is having an extraordinary year. Stories of this Badger senior have made the front page of newspapers and magazines. Kaminsky has already won a truckload of awards, and is a favorite to be named college basketball’s most outstanding player of the year. He and his teammates are among the top-ranked teams in the nation.
“Frank the Tank” wasn’t always a superstar, though. In fact, just a couple of years ago, he wasn’t even starting for the Badgers; he spent his first couple of years in college ball on the bench. There are several things that make Kaminsky the player he is today. He is 7’ tall, which allows him to do things smaller players can’t, but he has agility, reflexes, and instincts to play at a much faster pace than many big men.
Second, there is his work ethic. Kaminsky spent many hours over many years working to improve his game.
A third major factor in Kaminsky’s improvement is coaching. Regardless of Kaminsky’s resources and work ethic, without good coaching he never would have reached his full potential.
Of course, coaching is not confined to the world of sports. In recent years, coaches have sprung up all over the place: career coaches, life coaches, even love coaches. Coaches are to individual people what consultants are to businesses: resources that can help you identify your goals, work on your weaknesses and build on your strengths, can help you achieve your full potential.
COACHING FOR ANOTHER KIND OF COURT: THE LAWYER-COACH
Until recently, there wasn’t much “coaching” available from the legal profession. That’s because the professional responsibility rules governing attorneys weren’t clear on what boundaries attorneys could set in helping their clients. Legal issues–in particular, family law matters, which are my specialty–are actually a bundle of issues and concerns.
A “simple” divorce case, for example, means a person has to deal with things like child custody and placement, child support, maintenance or alimony, dividing up property, dealing with debts, tax planning, and many other related issues. Even the simple mechanics of a routine case can be baffling. There are documents to put together and file, court appearances and mediation sessions to prepare for and attend, etc.
The rules governing how attorneys could help people made it very difficult to break the bundle up into smaller pieces. In most instances, that meant you could only buy the entire bundle of legal services. Since there are a lot of unknowns at the beginning of a legal matter, attorneys have been reluctant to quote a specific price for the representation. Not surprisingly, potential clients were equally reluctant to hire an attorney – to buy the full bundle — without a clear picture of the benefit they were going to get for the unknown price.
In July of last year, the Wisconsin Supreme Court approved new rules. They allow attorneys to limit the scope of their representation with clients, provided the limitations are reasonable and clearly spelled out. Limited-scope representation, or “unbundling”, will allow clients to buy a piece of the bundle of legal services. The goal is to increase access to legal services in a targeted way that will provide the greatest benefit to the client, and at the same time improves the efficiency of the legal system.
Legal coaching/consulting is one of the areas where. Acting as coach, an attorney can help a client in many areas. For example, a lawyer-coach can help a client prepare the necessary documents to complete a family law action, see that they are properly filed and served, and guide the client through the court system. A lawyer-coach can help a client identify his or her goals, and, based on experience, help identify possible ways to get there. A lawyer-coach can even help an otherwise self-represented client prepare for a mediation session or court appearance, providing insight and tips on how to succeed in those arenas.
The client gets the advice and help when he or she needs it, with greater control over the timing and costs involved. It offers the expertise an experienced family lawyer, focused where it can be most effective.
WHAT DOES A LAWYER-COACH DO?
“All coaching is, is taking a player where he can’t take himself” Bill McCartney, member of the College Football Hall Of Fame.
Much like a coach in sports, the lawyer-coach’s job is to educate and help someone get better at the things they want to do. The lawyer-coach can help identify the things a client is comfortable taking care of, and understand and prepare for the challenges in handling a new and stressful situation.
For example, when a family law case involves children, the parents are typically referred to a mediator to work out the arrangements for custody and placement. A lawyer-coach can help a client prepare for mediation.
A mediation coaching session will cover the basics, like the role of the mediator and what to expect during mediation sessions. A good portion of the time will be spent helping the client identify his or her goals and objectives for the children. The lawyer-coach will also help the client prepare to communicate effectively during the mediation sessions.
Using a lawyer-coach can significantly reduce the cost of a divorce case compared to purchasing the entire “bundle”. It can also help to reduce conflict, as folks sometimes see “lawyering up” as a declaration of war (that actually is most often not the case, but that is a topic for another discussion). Most importantly, using an lawyer-coach provides the client with a control over his or her case, while benefiting from the experience and competence of someone who has been down this road before.
IS LAWYER-COACHING RIGHT FOR ME?
“Understanding what not to do sometimes is just as important as what you can do.” Bill Belichick, Head coach, New England Patriots
Coaching is a valuable option, but it may not be the right fit for every situation. Cases that involve complicated financial situations, like the division of retirement assets or business interests, or significant debt typically don’t make good do-it-yourself projects. If one party has hired an aggressive attorney, coaching alone probably will not be enough to level the playing field. Drug, alcohol or domestic abuse issues can add a layer of complexity that make things very difficult; having an experienced attorney by your side throughout this kind of case may be essential to getting things resolved.
On the other hand, coaching can be a good option for couples who can talk civilly about issues and concerns. If there are children involved, coaching be especially effective, helping them look beyond the nuts and bolts of a placement schedule to build a plan for raising their children together. An experienced lawyer-coach can point out and help them plan for some of the issues that often come up, and is likely to have access to an extensive network of resources to help them look after their children’s best interests.
THE COLLABORATIVE DIVORCE COACH
“A coach is someone who can give correction without causing resentment.” John Wooden, member of the Basketball Hall of Fame.
Of course, a family law case involves concerns that go beyond the legal issues, and there are many other resources to help in those areas. Couples using the collaborative family law process routinely use a “divorce coach”, a mental health professional who has experience working with adults and families facing the challenges of major life transitions. The Coach brings skills in the areas of communication, conflict resolution, co-parenting, and stress or emotional management. The divorce coach helps each client by addressing the ‘human side’ of divorce, rather than the legal side. The divorce coach assures that each spouse has the opportunity to tell his/her story, identify possible conflicts, and help the client to express goals, needs, and desires in a safe environment.
You can learn more about the collaborative process at the website of the Collaborative Family Law Council of Wisconsin, www.collabdivorce.com
PUTTING THINGS TOGETHER
“Each person holds so much power within themselves that needs to be let out. Sometimes they just need a little nudge, a little direction, a little support, a little coaching, and the greatest things can happen.” Pete Carroll, Head Coach, Seattle Seahawks.
Unlike sports, there are no strict rules about lawyer-coaching; the help the coach provides will depend on the agreement between the lawyer and client. The coach may help with preventive advice; with preparation for mediation or court appearances; with document preparation and review; or with any of the other issues and concerns that may crop up during a legal proceeding.
The lawyer-coach should provide a written agreement that spells out exactly what the coaching will involve, so there is no confusion about where the assistance starts and ends. Of course, if the client brings the lawyer-coach on board for one specific issue or concern, there is always the option to ask that the coach help in other areas as well.
Lawyer-coaching sessions are fairly short; usually, no longer than 90 minutes. The client/student should leave a coaching session with a specific plan of action to use what was talked about right away.
After all, the coaches don’t play the game themselves; the goal of any coach is to give his players the skills to succeed.
Dan Bestul is a fellow of the American Academy of Matrimonial Lawyers and has been certified as a Family Law Advocate by the National Board of Trial Advocacy. In addition to his work with clients in traditional and collaborative family law representation, Dan serves as a mediator and lawyer-coach in family law matters.