Lawyers: Read up on your Shakespeare
Thanks to the oft-cited and oft-interpreted “Kill all the lawyers” line from Shakespeare’s Henry VI Part 2, many have debated Shakespeare’s feelings about attorneys. And scholars have long deliberated Shakespeare’s familiarity with the laws of his day. Yet no one doubts the Bard’s grasp of human nature.
In a clever article entitled, “What Can Lawyers Learn from ‘Othello,’” Texas attorney Michael Maslanka focuses on this particular Shakespearean tragedy to offer trial lawyers what he calls a “cautionary tale” about the pitfalls of human behavior that often play out among attorneys, clients and witnesses. Among other pointers, Maslanka warns lawyers not to accept everything a client says as true and to beware of agendas that might not be what they seem. Wise advise.
The article also underscores the villain Iago’s skill in playing to his audience, suggesting that lawyers can learn from his tactics: “Iago-like lawyers probe others for core ethical beliefs,” writes Maslanka, “and then adroitly flip the switches to trigger action in conformity therewith.”
Indeed, when you argue a case, your audience – whether judge, jury or arbitrator -- ultimately decides whether your client wins or loses. It is a mistake to think of your audience as a passive receptacle for your line of reasoning. Rather, think of your audience as an active participant who may interpret things differently from the way you intend. For example, you may think of “home” as a quiet cottage with a white picket fence. Your audience may think of “home” as a cramped city apartment. Don’t let yourself forget that we all come to the courtroom with different perspectives and it is your audience’s perspective that ultimately counts.
