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.

Posted in Trial By Nature

Other Posts in this Series
January 5, 2017
Trial by Nature #1 – Tips to Survival in the Courtroom
March 1, 2017
Trial by Nature #2 – Tips to Survival in the Courtroom
April 11, 2017
Trial by Nature #3 – Tips to Survival in the Courtroom
May 22, 2017
Trial by Nature #4 – Tips to Survival in the Courtroom
July 13, 2017
Trial by Nature #5 – Tips to Survival in the Courtroom
October 7, 2017
Trial by Nature #6 – Tips to Survival in the Courtroom
February 10, 2018
Trial by Nature Tip #8 – Tips to Survival in the Courtroom
February 15, 2018
Trial by Nature Tip #9 – Tips to Survival in the Courtroom
February 20, 2018
Trial by Nature Tip #10 – Tips to Survival in the Courtroom

About the Author

Tricia M. DerrCo-Founder, Attorney
Tricia Derr is the co-founder of Lincoln Derr and serves at the helm of the firm leading all practice groups through active counsel, litigation, and advising. Ms. Derr is a litigator specializing in innovative multi-media communication, practical business-minded advice, and speaking to audiences in a “real”, non-technical way.
Learn More
©2022 Lincoln Derr PLLC   |   All Rights Reserved   |   Disclaimers   |   Site By CreativePickle