Jaburg Wilk

News/Publications

Don’t be a Poor Winner or Loser

Categories: Blog

Win and lose like a professional

Despite the participation medals or trophies our kids get for seemingly every activity or sport, in most everything in life there are winners and losers. This obviously includes business. The baseline is easily a business surviving versus a business failing. If you speak with someone whose business is going to fail, they don’t want a pat on the back or to be told “good try.” They wanted to win.

Of course, we all lose. When you lose, how do you react? Do you get upset? Do you blame others? Or do you take responsibility for your part in the loss, if any? I ask because I am used to seeing people make excuses.

Conversely, how do you act when you win? Do you gloat? Do you put down whoever lost? Or are you complementary to the person who lost?

In what I do there are winners and losers all of the time. It could relate to a motion being considered by a court or at trial. No attorney can win them all. And there can be real excuses because we are hemmed in by the facts in each case and the law that applies. The excuses I have heard over the years for these types of losses are many, such as “the judge made a mistake” or “the jury just didn’t like my client,” etc. The list goes on and on.

When I have lost, I chalk it up to experience and try to look back on what I can learn. I also try to be a graceful loser, where it makes sense and is appropriate. When I communicate a loss to a client, such as when a court issues a ruling months after a hearing or trial, I make sure to do it in person or on the phone, and not by email or text. I don’t make excuses. Doing so never helps the situation and is not how I would want to come across.

When I win, I am, of course, happy. Who isn’t? But I also maintain a professional decorum with any opposing attorney or party. I save the celebration for my client and the attorneys I have worked with on my side of the case.

Knowing how to win and lose is important. It contributes to how people view you and your reputation in your community. Next time you win, or lose, think what you want your reputation to be and let it guide you to acting accordingly.

As always, this post and others can be found on my blog, Business Law Guy's Blog


About the Author: Neal Bookspan is a partner at the Phoenix, Arizona law firm of Jaburg Wilk. He assists clients with business issues, commercial litigation, workouts, and bankruptcy litigation. Neal can be reached at 602.248.1000.