The POWER 30: Kathy S. Kimmel

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Fox Rothschild LLP

To Kathy Kimmel, client advice should take the form of not only what the client can do, but also what the client should do to advance their goals.

“Some lawyers think you should fight for the sake of fighting. That’s rarely in a client’s long-term interest,” Kimmel said. Most clients, even those who believe their lawyer should be a “junkyard dog,” don’t have the wherewithal to fight for every short-term goal, she said. The lawyer provides experience and judgment while retaining rapport and reputation within the profession.

Kimmel has been an equity partner in law firms since 2001, and practices in the areas of fiduciary issues, health care employment and business torts, where she doesn’t fight for the sake of fighting.

Instead, she offers what most clients want: perspective and judgment about the situation. That’s where the issue of what you can do versus what you should do enters.

Does it advance the client’s interest? Is it worth the increased cost?

These considerations are important in the law, but lawyers don’t always remember them, Kimmel said. Lawyers frequently take positions that don’t advance the interest of the client, she said.

The only way to learn the skills of perspective and judgment is through the school of hard knocks, Kimmel said.

A good way to practice those skills is with pro bono work, Kimmel said. She has had cases through the Tubman Center for years. Tubman is a shelter for victims of domestic violence, sexual assault and stalking and connects its clients with pro bono attorneys.

Pro bono work also provides experience interacting with other lawyers and judges, Kimmel added. It also helps the public, the profession and the courts.

Kimmel has also found that experience and judgment frequently may send clients to arbitration. “We have really good arbitrators,” she pointed out.

Of course, arbitration may be a mixed bag. The clients give up appellate review — which many are ok with. A systemic drawback is that the arbitrations are confidential and thus don’t contribute to the development of the law, or education of lawyers and judges. The hoped-for benefit is that none of the parties feel bad about the process or the result, Kimmel said. That may be best if the parties have an ongoing relationship as well as a legal problem.