The legal profession is always associated with conflicts — between client and opponent interests, between parties’ positions in the process, even between client expectations and reality.
Conflict in the legal sphere is not an exception, but a regularity. It is important not to avoid it at all costs, but to learn to understand, manage, and use it as a tool for achieving results and professional growth.
Causes and Triggers of Conflicts
Conflict is the clash of positions, thoughts, interests that parties consider significant. In legal practice, it is fueled by both objective factors (limited resources, uncertain prospects, lack of clear rules) and subjective ones (distrust, unjustified expectations, ambiguity of information, or failed intonations).
Conflict triggers are often minor — a word, gesture, intonation. But they become a trigger for escalating confrontation. The ability to distinguish between causes and triggers is the first step to effective management.
Risks of Uncontrolled Conflicts
Conflict left unchecked can turn into a crisis. For a lawyer, this means:
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unpredictability of consequences — the situation goes beyond control;
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direct losses — from financial expenses to ruined agreements;
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reputational damage — distrust of clients or partners;
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distraction from goals — instead of moving forward, the lawyer is forced to put out fires.
Therefore, the key task for a lawyer is not to let the conflict become a self-sufficient process.
Functions of Conflict: Not Just Destruction
Paradoxically, conflict can also serve positive functions:
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gathering information that would otherwise remain hidden;
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clarifying real relationships and interests;
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activating social connections;
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relieving accumulated tension;
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seeking new solutions.
In this approach, conflict is seen not as a threat but as a growth point.
Conflict as a Signal of Change
Any conflict is an indicator. It shows that the rules of interaction are not working, the parties’ goals diverge, or their needs remain unmet. For a lawyer, it is important to focus not only on the conflict itself but on its causes and the parties’ needs. This creates space for the development and renewal of professional practice.
Behavior Styles and Management Strategies
When resolving a conflict, a lawyer can choose different styles:
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dominance — insisting on one’s own way;
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accommodation — favoring the other party’s interests;
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avoidance — postponing or ignoring;
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compromise — mutual concessions;
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consensus (collaboration) — seeking the optimal solution.
Management strategies also vary: through power, rights, or interests. The choice depends on the circumstances, but a focus on interests mostly yields sustainable results.
Mediation as a Modern Tool
A special place is occupied by mediation — a voluntary, confidential negotiation procedure involving a mediator. For a lawyer, this is not just a way to resolve a dispute but also a demonstration to the client that their interests can be protected not only in the courtroom. In Ukraine, mediation is gradually becoming an effective mechanism for conflict prevention.
Conflict Prevention and Effective Communication
Preventing conflicts is much easier than overcoming them. Among the main preventive tools are:
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building trust;
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aligning goals;
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working with expectations and needs;
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clear cooperation rules;
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regular feedback.
The algorithm of effective lawyer communication includes: active listening, empathy, risk and forecasting work, individual approach to the client.
Practical tools: framing and reframing, summarizing, pause as a tension relief tool, correct nonverbal communication.
Examples of Crisis Communication Reactions
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“I understand that this situation is causing you concern.”
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“Let’s step by step analyze what can be done now.”
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“This is indeed a complex situation. I am here to find the best solution.”
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“My task is to do everything within my authority.”
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“Your concern is understandable, let’s discuss the options.”
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“We can take a break and return to the discussion when it’s convenient for you.”
These phrases not only alleviate tension but also build trust, which is the basis for further interaction.
Conclusion
Conflict in legal practice is not a sentence or a catastrophe. It is a test that shows how well a lawyer masters the art of communication, how capable they are of thinking strategically and seeing beyond the confrontation — the needs and opportunities. The lawyer who can not only win cases but also manage conflicts becomes not just a defender for the client but a partner in achieving justice.