In the world of trial law, where evidence, arguments, and legal acumen take center stage, my approach, heart-centered advocacy, might seem like an anomaly. But I assure you it is possible, and it can be a transformative approach for trial lawyers.
I am not a lawyer. As the author of many books on acting, I have travelled the world training professional actors and acting teachers who use my books in their classes. I have also trained many lawyers and senior executives who have attended my programs to learn the very things I am advocating in this article. Right now, I am busy working in the corporate world training CEOs and corporate teams in what I call inspired communication.
By the way, as in everything I do, I don’t ask you to believe me or agree with me. I only ask that you give consideration to what I am sharing, try it on for size, and see if it works for you.
Let’s begin here, with the fundamental core of heart-centered advocacy:
The Heart
It is a fact that the human heart is the strongest muscle in the body. It also exhibits unparalleled resilience and endurance. The heart has the remarkable ability to tirelessly pump blood throughout the body, beating around 100,000 times a day, delivering oxygen and nutrients to every cell while removing waste products. Its unwavering strength and endurance are vital for sustaining life, making the heart an extraordinary marvel of biological engineering.
Heart-centered advocacy embodies the resilience and endurance of the human heart, symbolizing strength through empathy, compassion, and connection. Like the heart, heart-centered lawyers possess the ability to continuously give without faltering, fostering an environment of trust, support, and understanding with their clients and in the courtroom. Their unwavering commitment to serving others mirrors the relentless pumping of the heart, consistently nourishing and uplifting those around them. Just as the heart efficiently distributes oxygen-rich blood throughout the body, heart-centered lawyers facilitate the flow of inspiration, encouragement, and empowerment throughout their law firms and in their communities. They model authenticity, integrity, and a deep-seated belief in the inherent worth of every individual.
I don’t know how you feel about it, but here is something I take very seriously. As a lawyer, you are part of the helping professions. Your fundamental role is to advocate for and assist individuals in navigating complex legal matters. While your work may involve contentious disputes and legal intricacies, at its core, lawyering is about providing guidance, support, and representation to those in need.
We all know of course that there are plenty of lawyers who represent scoundrels, and there are plenty of scoundrel lawyers, but let’s put that aside for the moment. I am highlighting the fact that you play a crucial role in safeguarding the interests and well-being of the people who seek your help. Much like doctors heal the body and counselors heal the mind, you contribute to the societal fabric by upholding the principles of justice and fairness to make a positive difference in the lives of your clients and society as a whole.
Acknowledging, in a serious-minded way, that you are just as much a helper and healer as a psychotherapist or doctor is sends you on a great inner journey to refine your legal skills but also your human ones. Most people live from the neck up, stuck in the trappings of the mind, lost in thought, with their attention on themselves. As a trusted counselor, you do not have this luxury. You must take the necessary steps to reclaim your openness, your deep availability, your ability to “listen with the ear of your heart” and to hone your attention to “the other,” meaning your client, the courtroom, your colleagues, and the world around you.
Nuts and Bolts
At the heart of my approach is the recognition that effective trial advocacy extends beyond the mere presentation of facts and legal arguments. It involves a deep and empathetic connection to the emotional landscape of the courtroom, encompassing jurors, judge, clients, opposing attorneys, and witnesses. To be a truly effective trial lawyer, you must navigate not only the legal intricacies but also the complex web of human emotions that permeate the courtroom.
The courtroom is a dynamic arena where the unexpected is the only constant. A trial lawyer must not just be prepared for the unforeseen turns of events but also be able to adapt to moment-by-moment shifts in the proceedings. This demands a level of spontaneity and responsiveness that goes beyond rehearsed arguments and scripted responses. Yes, you have always been told to never ask a question you don’t know the answer to. That’s not the point here. I have seen lawyers ask questions that were not relevant or were already answered simply because they were distracted, disengaged, and not attentive to what was actually happening. Heart-centered advocacy encourages you to be present, fully engaged, and responsive to the ever-changing dynamics of the courtroom.
One of the key principles of heart-centered advocacy is the genuine care for the client. It goes beyond the professional obligation of representation; it involves a deep personal investment in the well-being of the client. I suggest that the best trial lawyers are those who don't just advocate for their clients' legal interests but also care about their clients as individuals. This care translates into a heightened sense of responsibility, driving them to go the extra mile to ensure justice and fairness prevail.
Transparency, vulnerability, and authenticity are the cornerstones of my approach. In an environment often characterized by formality and procedural rigidity, this approach is one that strengthens trial lawyers to embrace vulnerability and authenticity. This means being transparent about the strengths and weaknesses of the case, acknowledging uncertainties, and expressing genuine emotions. By doing so, you can establish a deeper connection not only with your clients but also with jurors and others in the courtroom.
The importance of transparency cannot be overstated. Jurors, in particular, are keenly attuned to authenticity. In an era where skepticism toward legal professionals is not uncommon, a transparent and authentic trial lawyer can break through the barriers of mistrust. By openly acknowledging the nuances of the case and the emotional impact it may have on all parties involved, a trial lawyer being authentic builds credibility and trust.