Marc E. Gustafson described on May 5 how his law practice often involves one-hour consultations with executives to discuss employment agreements, noncompete clauses, or severance packages. He explained that these sessions are typically divided into three parts: listening to the client’s perspective, offering a candid assessment of their approach, and recommending a path forward.
Gustafson said this middle portion—where he challenges clients’ assumptions—is essential for reaching meaningful resolutions. “As I was describing this setup, I quipped that my pastor was lucky to have the benefit of skipping the middle part. Instead, he could just say, ‘Well, God teaches us [fill in the blank].’ I somewhat seriously but somewhat jokingly lamented that he didn’t have to go through the hard part of trying to explain to someone why their approach was flawed and not likely to achieve the desired result — better employment terms, out of the noncompete or more severance.” Gustafson noted that while it might seem easier for others to rely on doctrine or authority for guidance, lawyers must engage clients in honest dialogue about realistic outcomes.
He recounted how many clients arrive convinced that aggressive tactics will help them achieve their goals but often need guidance through a process involving discussion about motivations and potential consequences. “Much like the middle third of my consultations,” Gustafson said, “walking through the process in mediation involves some serious talk about motivations, psychology, moral philosophy, personal responsibility, desired outcomes and the need for resolution.” He emphasized that building trust comes from speaking plainly with clients rather than telling them only what they want to hear.
The North Carolina Bar Association fosters professionalism and public service within the legal community across North Carolina; it also uses its N.C. Bar Center in Cary for operations and member programs and partners with a charitable foundation founded in 1960 according to its official website.
Gustafson concluded by reflecting on how both religious counsel and legal advice serve as bridges during difficult transitions: “Of course,” he wrote,”many people wish they could be more divine in their daily choices,but life is rarely that plain.Maybe that’s why people often need a bridge — whether that is religion or a lawyer to provide counsel —to help cross that middle third.”
