There are many attributes that a lawyer must posses to be effective as an advocate. The most difficult to replicate by anyone outside the profession is most certainly the way in which lawyer’s think. This is, perhaps, the biggest obstacle to creating a do-it-yourself type of a legal system. In my experience in and around the courtroom as a Pro Se Attorney, I have seen a spectrum of lawyers in action. The most effective and exceptional advocates that I have witnessed were not only quick thinkers but have a knack for polished delivery and one sided clarity – that being, the skill to present an argument that gives advantage only to their client. A run of the mill public speaker may be able to connect with a listener but will lack that “I don’t care what you think, I am fighting for my client” kind of ethic. These exchanges usually happen in very adversarial conditions, in short bursts, in front of a judge, limiting the time available to impart relevant ideas. The wrong point made could mean the denial of a motion or having the case thrown out completely.
There was a book I read a few months ago that made an impression on me entitled The Ivy Briefs written by Martha Kimes. On page 65, she remarked incisively on some choice words made by a professor that describes the way a lawyer thinks.
“(The professor said), “Yes, don’t you see? You’re becoming corrupt and cynical because you’ve caught my spirit”. Although this was meant as a joke, it was born of a nugget of absolute truth. We are being taught to be cynics; to become skeptical; to second-guess everything we were told; to pull back layers of every statement, looking for a loophole or a hidden trap; to analyze every word to death; to distrust people; to become the kind of people other people hate. Indeed, we were learning to think like lawyers.”
