Closing statements: What strategies have helped you learn and move on from mistakes as a lawyer?
Vol. 81, No. 2 / March-April 2025
“There is a reason it is called ‘the practice of law.’ Once I’ve figured out how the mistake happened, we develop a strategy for resolving it (if we can resolve it) and make a plan to address the problem. Finally, we implement the plan. We do not spend time ‘blaming’ anyone. In the midst of a problem, what I focus on is a solution to allow us to handle the issue and move forward. At times this requires going outside my inner circle for a fresh take on the issue and an unbiased recommendation from an outside expert. This is also why we carry malpractice insurance. It gives me peace of mind, protects both the lawyers and our clients.”
– Joan Swartz, managing attorney at the Law Offices of Joan M. Swartz in Maplewood
“The strategy I use to learn and move on from mistakes is to remind myself that we learn more from our mistakes than from our successes. Every mistake I have made has been a learning experience, which makes me a better lawyer.”
– Shelly Dreyer, partner at Dreyer & Tinney in Joplin
“The strategies that have helped me move on from mistakes as a lawyer is an interesting question, because technically we are not allowed to make mistakes – there’s rarely forgiveness or mea culpa when errors are made. Our very livelihoods can be on the line if we make mistakes. Having said all that, acknowledgement of the mistake to yourself, client, colleagues, and/or the court. Then to not dwell on the mistake but moving quickly to … remedy any fallout from the error. Finally, after the dust settles, making sure to find at least one takeaway as a result, so you avoid that issue in the future.”
– Dana Tippin Cutler, managing partner at James W. Tippin & Associates in Kansas City
“I have and – until someone tells me that I’m the child of a deity – will make some more before my time is finished. The most consistent lesson I’ve learned from mistakes – aside from don’t do that again and implement checks as appropriate – is to immediately acknowledge/disclose, apologize, and find some solution/correction/mitigation as much as is possible.”
– Regina L. L. Wells, member at Summers Compton Wells LLC in Frontenac
“There is an old adage: ‘Good results come from experience. “Experience” comes from bad results.’ With the advice of mentors, I learned early in my career that all lawyers make mistakes, even good lawyers. But what distinguishes good lawyers from the rest is that they pick themselves up, dust themselves off, learn from their mistakes, and become better lawyers. So, that is what I strive to do.”
– Keith A. Cutler, trial attorney at James W. Tippin & Associates in Kansas City
We were wondering … How has your definition of success evolved throughout your legal career? To share your answer, email gtlustos@mobar.org, complete a form by scanning the QR code, or visit MoBar.Wufoo.com/forms/closing-statements.
