ISHN logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
ISHN logo
  • NEWS
    • Today's News
    • Global Safety News
    • Government Regulations
  • PRODUCTS
    • Product Innovations
    • Featured Products
  • TOPICS
    • Environmental Health and Safety
    • Facility Safety
    • Workplace Health
    • Occupational Safety
    • PPE
    • More Topics
  • CONSTRUCTION
  • TECHNOLOGY
  • COLUMNS
    • Best Practices
    • Dave Johnson: What’s going on
    • Editorial Comments
    • Leading Safety
  • MULTIMEDIA
    • ISHN Podcast
    • Videos
    • Cold Stress Education Quiz
    • Webinars
    • White Papers
  • MORE
    • Buyer's Guide
    • Newsletters
    • Convention Companion
    • Polls
    • Events
    • ISHN Store
    • Sponsor Insights
  • EMAGAZINE
    • eMagazine
    • Archived Issues
    • Contact
    • Advertise
  • JOIN TODAY!

How to work with a lawyer

May 19, 2000
I'm one of the approximately eight percent of environmental health and safety pros who report to the legal department. My last four bosses have been lawyers, meaning I've been reporting to a lawyer now for over 15 years. I'd like to share some experiences and offer recommendations on how an EHS pro should work with a lawyer.

The story of my first involvement with a lawyer could be called "Lunacy and the law." It occurred back in 1977 after I started my first EHS job. Working for a county health department, I was conducting an inspection in the field. I saw a woman, actually an employee at the location I was inspecting, being beaten by three youths and I intervened. I was attacked with a broken ketchup bottle and scissors, but putting my U.S. Marine training to use the youths were subdued until the police arrived. I received a letter of commendation from the police department. At the direction of the county attorney, however, I was also reprimanded by my boss and informed that if I took any similar action in the future I would be fired. Why? My actions could have posed a liability to the county!

A few years later I was working in a safety department for a company that had approximately 1,000 employees. I reported to an individual who had a graduate degree in engineering and was a certified safety professional. He was very smart and ambitious, and I admired his technical abilities.

But he believed that career advancement was limited in the technical areas, and he wrestled with the idea of getting an MBA or a JD. He chose the latter, taking law courses at a local university and eventually graduating cum laude.

Along the way to getting his JD, the way he conducted his EHS work, and how he wanted me to conduct mine, changed. At first it was just little things, like choosing the most appropriate words to put into reports. But gradually it transformed into a whole new way of thinking and acting.

An opportunity opened up for me to take a job in the risk management department for a large corporation (over 20,000 employees). Here I reported to someone with an insurance and business background. It was a relief to go back to practicing traditional EHS work and not legal work with an EHS slant. As fate would have it, though, within six months at the new job, the company reorganized. My job was transferred into the legal department and I ended up reporting to the associate general counsel for the corporation. That was more than ten years ago, and I've reported to a lawyer in the legal department ever since. Here's what I've learned during this time and from past experiences:

Avoid legal confrontation: Avoid legal confrontation at all costs. Many people may feel they are dead right and there's no way they could lose a particular legal issue. Is the background on this paper you're reading white? Are the letters black? Want to bet on it? Sure you can get a lawyer to see your point of view but just a stone's throw away is another lawyer who will say you're wrong. The best you can hope for in most legal fights is a 50 percent chance of winning. Only a fool would want to play with those odds. Remember, lawyers thrive on conflict. You may recall the story of a town that only had one lawyer, and this lawyer was always broke. Then another lawyer came to town and now both lawyers are rich.

Avoid legal debate: If you're not a lawyer, don't debate with a lawyer. Sure you may feel you're smarter; you may even be smarter. But the practice of law is a game which is stacked heavily in favor of the lawyers. They made the rules and they make the rules as they go along. One rule to remember is that only a lawyer can debate with a lawyer. If you're not part of the brotherhood, you lose any debate regardless of the merits of your position.

Respect a lawyer's pride: One common trait among lawyers is their strong pride. This trait is a credit to their profession. Many people may feel this pride sometimes borders on arrogance. Perhaps, but so what? Treat every lawyer with respect. Don't tell lawyer jokes in their presence. What you're trying to do by being discreet is avoid conflict and debate.

Here's my philosophy about lawyers: They are like the atom bomb. You have to have one simply because your enemy has one. It's the deterrent effect. But there's more to it than that.

Shakespeare said that the whole world is a stage and we must each play our part. If we are indeed actors on a world stage, then certainly the director must be a lawyer.

With all the faults of the law profession we cannot overlook that it is this profession more than any other that drives us to greater civility. The laws made and enforced define what we should strive to be. Laws are the script that each actor, each of us, must follow if the play is to succeed.

The EHS profession is driven by laws. I'd like it to be otherwise, but we all know it could never really work without laws. I'm not trained as a lawyer and I often see laws as imperfect and at times even idiotic. But the more I work with lawyers, the more I respect what they, as a whole, are trying to achieve. I also realize that there are rules of engagement that must be followed.

Heed my recommendations, including letting your lawyer direct your acting when the need arises, and you should do OK. But if a day should ever come where a life is at risk, do what you think is morally right, even if it may not be legally correct. I think the county could have been sued if I didn't intervene. I think I could have sued the county if they fired me for intervening. I'm sure there's an attorney who would see my point of view.

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • forklift safety

    Exploring the latest technologies in forklift safety

    With more staff and more stock in warehousing now more...
    Workplace Training Strategies
    By: Josh Cramer
  • welding

    All about welder’s flash or arc eye

    A flash burn is a painful inflammation of the cornea,...
    Environmental Health and Safety
  • dangerous jobs

    The 10 most dangerous jobs in the U.S.

    On-the-job deaths have been rising — hitting the highest...
    Occupational Safety
    By: Benita Mehta
Manage My Account
  • eMagazine Subscriptions
  • ISHN Newsletter & Other Newsletter Alerts
  • Online Registration
  • Manage My Preferences
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the ISHN audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of ISHN or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • man wearing the the Sundström SR200 Full Face Mask Respirator
    Sponsored byOHD

    5 Fit Testing Mistakes That Could Cost You

  • This image shows Magid AcuSpex polarized blue mirrored safety glasses.
    Sponsored byMagid Glove and Safety

    Construction PPE Guide: What Crews Need for Each Task

  • lone worker in confined space
    Sponsored byAlphasense Ltd.

    GET THE LEAD OUT of your Safety Oxygen Sensors!

Popular Stories

SpaceX 7 launch

OSHA Investigating Fatal Fall at SpaceX Starbase

Worker Impairment

How to Tell When a Co-Worker is Impaired? A Safety Pro’s Challenge

Automated loading dock equipment

After March 2026 Rivian Death, Safety Managers Reassess Loading Dock Systems Under OSHA's Warehouse Emphasis Program

top 10 most dangerous jobs

Poll

Seasonal Readiness

With the federal heat stress prevention rule on the horizon, which area of your safety program needs the most attention?
View Results Poll Archive

Products

Surviving an OSHA Audit A Management Guide, 2nd Edition

Surviving an OSHA Audit A Management Guide, 2nd Edition

See More Products

ISHN Podcasts

Related Articles

  • robot

    How to work safely with robots – circa 1984

    See More
  • This image depicts a professional meeting between warehouse managers and engineers during a factory visit.

    OSHA Wants to Build Relationships… How Many Businesses Want to Work With OSHA?

    See More
  • How to work safely on scaffolds and ladders — a checklist

    See More

Related Products

See More Products
  • Top Ten Pitfalls in OSHA Recordkeeping and How to Avoid Them

See More Products
×

Become a Leader in Safety Culture

Build your knowledge with ISHN, covering key safety, health and industrial hygiene news, products, and trends.

JOIN TODAY
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Manufacturing Division
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing