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The "upgrade-flirt": Is it wrong?

 
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Old Jan 19, 2006, 10:22 pm
  #76  
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The hardware and software of the Upgrade Flirt

Originally Posted by SPN Lifer
Watch out. If you push too hard for jury appeal with that "jutting jaw" (common to all models and most Hollywood "celebrities"), the judge may take a dim view of your ethics and professionalism, and be less inclined to trust your legal arguments.
SPN Lifer,

"Watch out?" For what, exactly? I said simply that I am aware of how I present myself -- as I should be. My clients deserve to be represented by someone who dresses appropriately for the situation and is groomed for the proper audience. That is, when I appear in state court in, say, Texas, my appearance (my suit, choice of shirt and necktie, shoes, belt, grooming, hairstyle, etc.) has a far less weighty impact on the proceedings than it does when appearing at the Cour d'Appel de Paris (Parisian Appellate Court). Sorry, but it IS true. In fact, I feel my clients expect me to know about these things, and it is reflected in my fees. But isn't that as it should be?

My hourly fee is based on many factors (as is yours, I am sure). But those factors do not stop at my law degree, language fluencies, and Bar admissions in American and European jurisdictions. In practical terms, the fee also reflects such mundane things as knowing how to behave (and dress) in French appellate courts, and knowing how to behave (and dress) in Texas county courts at law. The standards are different, and I should be aware of them.

Yet there is yet an uglier truth to all of this. Just after I was admitted to practice in France and started appearing there regularly, I was made painfully aware of the incredible polish and even "panache" of the French solicitors and litigators I was up against. I was awed by it, in a way. And taking a cue from them, I made several changes (for the better) that I have kept up over the years since then. Those included the following things:

I made the decision to get my body into tip-top physical shape. I was seeing how people responded to litigators whose bodies were commanding -- or even just "easy on the eyes." So why not take that advantage, too?

I got a more stylish haircut.

I started keeping up with current fashions for elegant-but-accessible suiting and men's business clothing, particularly for my European-based activities.

Now, we can all debate whether these things "should" or "should not" matter. But that's not the issue. These things DO matter, whether I turn a blind eye to it or not. And I also saw a decided uptick in the way I was attracting (and retaining) clients. Yes, I feel I am professionally and intellectually qualified (I hope, I hope!) to practice law in this field, and I've been quite successful at it. But I also realize that some clients (and even some juries) do NOT make their decision based purely on the merits of the case and legal & factual arguments I present. Distasteful though it may sound, I do realize that most human beings simply prefer to spend hours looking at someone they find attractive RATHER than spend hours looking at someone they do NOT find attractive.

That is human nature, and I cannot and will not apologize for it. I would even go so far as to say that, during all my years of practice, there probably HAVE been times when I've had a jury verdict go my way (when it was close to being hung, anyway) simply because I presented myself better in a physical sense than my opposing counsel. I have worked very, very hard on elocution, language skills, body language, physical comportment, and other valuable aids in addition to maintaining a rigorous gym routine and running/swimming program.

But why the heck not? As most of you road warriors will agree, physical exercise is one of the best ways to shake off jet lag, reduce the ill effects of long-distance travel, reset the body-clock when arriving on a new continent, and pump up the immune system a bit. And if that makes me look better in a beautiful tailor-made suit, so much the better. And if that makes Mrs. LawFlyer attack me like a teenager again, so much the better! And if that helps nudge a judge, a jury, or a magistrate my way in a tight argument, so much the better! My opposing counsel had the SAME opportunity to hit the weight-rack or jogging trail.

But back to the Upgrade Flirt (as opposed to the Closing Argument Chisel Strut) -- Although I did not consciously don the body-hugging Guerlain sweater for the purpose of scoring an upgrade (I had another purpose altogether for donning it, actually), I did suddenly become "aware" of what was happening once Jean-Luc noticed the sweater, made his "lucky sweater" comment, and we began the Upgrade Flirt dance upon check-in.

Maybe the question should be restated as "Was I wrong to exploit Jean-Luc's good-natured flirting, knowing that doing so could possibly score me an upgrade, even though the flirting had a 0% chance of going anywhere?" Well, to me, the answer is "No," I was not wrong and I was not really "exploiting" Jean-Luc's good-natured flirting. Others may disagree, however, and that prompted me to open the thread. I really am curious to know FT'ers opinions on these things. I just find it fascinating and informative.

The bottom line, in my response to SPN Lifer's comments, is that being "aware" of one's physical presentation should never be a demerit. I understand that SPN Lifer said "...don't push to hard" with the physical attributes, but I don't do that. I merely make the best of what I've got...and don't we all?

Look, ALL of us are a mix of software (our brains) and hardware (our bodies). My software (my brain) prepares my cases, my arguments, and my briefing -- but my hardware (my body) actually presents it to the court. And YES, I darn well try to make sure that the hardware is in as good a condition as the software -- and where is the harm in THAT?

Not only does that help me win cases and retain clients, but a little hardware seems to have scored me a couple of upgrades, too.
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Old Jul 13, 2008, 1:15 am
  #77  
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Are such upgrade techniques still effective?

By the way, I hear the CNMI Attorney General is looking to hire some civil litigators, if one is not too concerned about low remuneration.
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Old Jul 13, 2008, 4:18 am
  #78  
 
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I suppose it would depend on who is on the receiving end of the flirtatious "hardware"
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Old Jul 13, 2008, 6:27 am
  #79  
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I love this thread - easily one of my favorites on FT. There should be a separate thread that tells peoples' upgrade flirt stories and success rates.
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Old Jul 13, 2008, 7:16 am
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I'm glad I saw this thread on one of my rare visits to the CO forum. An oldie it appears, but a good one! It made for a good laugh and read as I have to trek to the office for work on a Sunday.
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Old Jul 13, 2008, 8:29 am
  #81  
 
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Originally Posted by jakuda
I'm glad I saw this thread on one of my rare visits to the CO forum. An oldie it appears, but a good one! It made for a good laugh and read as I have to trek to the office for work on a Sunday.
Ditto! It's nice that I can always count on the CO and United forums for a laugh when I'm doing drudgery work.
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Old Jul 13, 2008, 9:40 am
  #82  
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>>>The "upgrade-flirt": Is it wrong?>>>>
It's not wrong, its just pathetic.
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Old Dec 3, 2009, 5:50 am
  #83  
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Nothing wrong with the upgrade flirt at all.

Last edited by HeathrowGuy; Dec 3, 2009 at 5:07 pm
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Old Dec 3, 2009, 6:36 am
  #84  
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Wow. This got bumped again. Always worth a read. ^^
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Old Dec 3, 2009, 7:36 am
  #85  
 
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Love...Love...Love this thread =)
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Old Dec 3, 2009, 10:42 am
  #86  
 
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I remember, MANY moons ago, intentionally wearing a full suit and tie when I flew BA between JFK and LHR. I was upgraded a number of times to Club class. But when I wasn't, it sucked having to endure the coach flight in a full monkey suit.
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Old Dec 3, 2009, 11:10 am
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Didn't see this one before...I love it, but for the life of me, I can't google up a Guerlain sweater to see what it looks like. Any links to one out there!
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Old Dec 3, 2009, 11:22 am
  #88  
 
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Originally Posted by adagio
Didn't see this one before...I love it, but for the life of me, I can't google up a Guerlain sweater to see what it looks like. Any links to one out there!
I didnt knew that Guerlain made sweaters...they are into toiletries
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Old Dec 14, 2009, 3:23 pm
  #89  
 
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Birthday Upgrade Flirt

I'm flying EWR-TLV departing this monday, december 21st, arriving december 22nd, i.e. on my 29th birthday. I will turn 29 somewhere over the atlantic, seating in coach.

Add to that: I'm a newly minted plat, the return leg is in biz, and the flight is almost (but not yet) sold out.

So... if I'm "very nice", tending on the "flirty", and discreetly mention the fact that "it's the first time I celebrate my birthday alone on a 12-hour flight", you guys think I raise the chances of it happening? Or is it close to null anyway, this being EWR?

PS: BTW, no, I don't think the upgrade flirt is wrong. Can't you tell? I'm only sorry it's not my 30th birthday already, it would have been even better!
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Old Dec 14, 2009, 3:33 pm
  #90  
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I doubt it will work, but can always try
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