Sometimes It Is Better To Stay In The BackgroundTrial by Nature #7 - Tips to Survival in the Courtroom
Camouflage is an art as much as it is a form of survival in the wild. It is a skill equally utilized by predator and prey.
The octopus is a master manipulator of camouflage. It can change color and texture in less than a second. They have advanced eyesight. They are limber enough to fit into the smallest crevices. Best of all, they are super smart and keenly intuitive.
Unlike the wily octopus, trial lawyers often have the instinct to be seen. We often fail to analyze the power of subterfuge or selective presence. This is a mistake. At times, listening can be more valuable than being heard. Being seen can attract unwarranted attention. While “the squeaky wheel gets the oil,” sometimes “the nail that sticks out gets hammered.”
If you are counsel for one of several defendants, contemplate your role. Is your client the target? Would it be better to blend into the background like the resourceful octopus? Will blending in help your case or hurt it? What is the likelihood the other side intends to lure you into complacency? Measured visibility can be an appreciable asset.
Consider texture. How do you want to “show up” in the case? In some cases, an empathetic style might be more persuasive. In others, righteous indignation might be appropriate. How do you want your client to appear? The texture of each case will be different. The clever octopus must be versatile enough to change course in an instant.
Other Articles in the Series
We are responsible for ensuring the survival of our young lawyers. I cannot name one successful trial lawyer who did not receive coaching and mentoring from a more seasoned veteran. If you are one of the successful attorneys, by all means, “pay it forward.”read more
In the courtroom, timing is everything. Any “miss” is a costly one. Timing requires cadence. Execution of timing is one trial skill firmly rooted in pure experience.read more
In some cases, it may be productive to let your opponent speculate over your intentions. Never be dishonest, of course, but do be conscientious in your communication with the other side.read more
Like the Dingo, great trial teams identify, cultivate and potentiate individual talent. Each member is aware of, and accountable for, their own responsibilities. Strategy is well-planned and practiced.read more
When developing impeachment, wall off all exit points and secure them well in advance, or you might be the one getting “schooled.”read more
Green herons have been observed collecting and saving “bait” such as small scraps of bread. Rather than eating the bread themselves, the heron sprinkles the bread into the water to attract fish.read more