Attorney 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, explaining why their approach may not be effective, and outlining a recommended path forward.
Gustafson said this middle portion—where he challenges clients’ assumptions and helps them confront difficult realities—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 said.
He recounted how clients often arrive convinced that aggressive tactics will yield results but noted that real progress comes from honest discussion about motivations and goals. “While the simplicity of the ‘God says’ doctrine seemed attractive at first, I realized over time that doing the work — not persuading or convincing, but walking someone through the often-fraught process — was the only way to really get to where the client was really trying to get: the middle third,” Gustafson said.
Gustafson observed similar dynamics during mediations between litigating parties who want immediate financial discussions but must first engage in deeper conversations about personal responsibility and resolution. He emphasized that lawyers build trust by being candid with clients rather than simply telling them what they want to hear.
The North Carolina Bar Association fosters professionalism and public service within North Carolina’s legal community and promotes justice while upholding high standards for legal professionals; it is led by a Board of Governors and a president serving a one-year term according to its official website.
Gustafson concluded by reflecting on his conversation with his pastor: “Turning back to my conversation with my pastor, I have come to realize that while it may seem simple to merely quote line and verse of scripture in seeking solutions, doing so dodges the hard work. Instead of dispelling our more primal tendencies, it simply avoids them… 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.”
