Confidence is Not Competence (or Just Because You’re Not Paranoid Doesn’t Mean You’re Not Out to Get Yourself)

Wisely and slow; they stumble that run fast.
— ROMEO AND JULIET act 2, sc. 3; Friar Lawrence to Romeo

Today I want to talk about competence. Not confidence. Competence. The distinction matters.

We all need confidence. It’s what allows us to act vigorously in the face of the uncertainty that every conscious being experiences.  As legal practitioners, we should wield zealously our education and expertise as we head into the daily fray. Basic principles tell us that the first step to doing something is believing that you can do it.

But, in our field, confidence can be a false friend. If we allow the sweet smell of experience to permeate our work with the scent of vaporous certitude, a surfeit of error and a vortex of entropy soon follow. Messy, typo-ridden motions, missed deadlines, and client miscommunication can be quickly at heel.  This potentially costs everyone a great deal of money or, worse, threatens both our livelihoods and the public perception of the law. Ours is a high stakes game. The potential for incompetent consequence abounds.

Competence requires us to check our confidence at every turn: Did I read that in the rules or am I merely trusting that the clerk heard my question correctly over the phone? Did my paralegal understand my instructions, or am I just assuming they did? Did I meticulously proof that document or did I merely gloss over it in a work-addled haze? The checklist never ends.

Literally. Meaning: you should create concrete checklists for all your work product.  See BoB 15: Don’t Resist; Check the List. Such is the nature of our work.

Competence acknowledges the need for healthy paranoia. Because, whether you like it or not, dear practitioner, your confidence is out to get you.

I maintain that confidence is the product of competence, not its source. The former follows the latter. Our clients rely on our confidence. Therefore, we must give primacy to competence and strive impeccability.  The price of that primacy is eternal vigilance. 









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Contemptuous Recovery, Attorney Fees Part 3