Dating back to the heyday of consumer advocate Ralph Nader, filing lawsuits was sexy. In fact, it was the signature of people alert to their rights and putting themselves through the ordeal of litigation for justice.
That was then.
Sure, folks are still suing. But the cool has been sucked out of it.
The influence game is more fun. It's faster. And for those who have down cold its dynamics, it's could even be free. Just invest some time and creativity.
The ways of influence are almost infinite.
There are:
Podcasts
Social networks ranging from LinkedIn to Instagram
Old-line blogging
YouTube
In-person theatre in the streets (protesting as during the counterculture)
Email/texting campaigns
Connecting with government officials
Paid newsletters such as Substack and Ghost
And, more to be developed.
Along with the shift away from litigation as a form of personal branding there is this: a recognition that maybe talking like a lawyer isn't all that effective. Better to first use soft skills or Emotional Intelligence. During the past five years of Perfect Storms, I have used both for everything from shaking loose payments from clients to getting out of leases with bad-actor landlords.
The common response when the talking like a lawyer card is played is that those at the other end simply shut down the game. They refuse to continue the conversation. That usually means we really will have to follow through and use legal means. Those can be expensive and slow-moving. In addition there is no guarantee of success.
On the other hand, when we do a Dale Carnegie - "How to Win Friends and Influence People" - the conversation can continue. Eventually both parties will wear out. We are ready for compromise. Likely we both get more of what we wanted than we had anticipated. In contrast, litigation is highly uncertain as to outcomes.
Applications to law schools are way up. But that has nothing to do with how we non-lawyers navigate our little lives, our obsessive feuds and our big causes. It might be downright smart to leave all the lawyer rhetoric to the lawyers. And, hey, maybe they should back off most of that. In my encounter with Heidrick & Struggles, the in-house legal department talked like lawyers. Here is a snippet from that story.
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