March is always a great month for me.
Regardless of the weather, I feel a sense of victory on March 1st -- despite knowing that old man winter hasn't yet called it quits. My triumph was certainly tested last year. In late April, our flight from Charleston was diverted to Milwaukee because O’Hare was snowed in!
But, I can see and feel the coming light.
March is also great for me because I can start running outside again. I thought about getting a treadmill this year but I hate the rat wheel. I have been able to get out most weeks this winter, but now I plan to step it up as the earth thaws. I feel blessed when the path is under my feet.
Walking
Speaking of the path, I just finished a beautiful book called, Walking: One Step at a Time, by the Norweigan lawyer, and explorer, Erling Kagge. Kagge weaves philosophy, science, and literature to depict the peace and contentment found by taking a walk. As Kagge observes, “This is precisely the secret held by all those who go by foot, life is prolonged when you walk. Walking expands time rather than collapses it.” Slow down to get further.
I already knew of the many accomplished thinkers who formed their ideas while walking: Kierkegaard, Nietzsche, Mark Twain, Thoreau, Beethoven, and Jefferson to name a few. This book cemented it for me. As lawyers, we all benefit from slowing down, and I urge everyone to join me in clearing their heads by moving their feet.
There is one other quote from the book I want to share:
"The father of modern medicine, Hippocrates, already had a grasp of the truth 2,400 years ago. He warned against being incorrectly medicated and emphasized that no medication could have such a broad effect as simply putting one foot in front of the other. 'Walking is man's best medicine.' I believe that walking has played a much more meaningful role in human health than all of the medicines that have been consumed throughout history."
This is the type of simple wisdom dispensed on every page of this book.
The older I get the more I realize that it is the simple things, like walking, that makes us happy and healthy.
"Simple ain't easy."
This is a quote from jazz great Thelonius Monk. I think about it often. How do we, as legal advocates, simplify our arguments to make them more effective? Great arguments are clear and straightforward. Convoluted arguments may sound impressive, but the rhetoric is often empty. Distinguished thinkers convey their points simply, directly and understandably.
Take Lincoln, for example. As I referenced in a recent blog post, Lincoln summed up the essence of America in his Gettysburg Address in just 271 words. His training as a trial lawyer honed this skill.
Retired Judge and Lincoln scholar, Ronald Spears, wrote an interesting article in the Illinois Bar Journal last month: Lincoln, Explainer of Things. Judge Spears notes that Lincoln described his advocacy technique as, “calm persuasion, a demonstration not of oratorical powers, but of succinct expression in service of the truth.”
Judge Spears describes Mr. Lincoln’s technique: Lincoln used, “common language, stories, demonstrative exhibits and illustrations to make information understandable and usable.” As trial lawyers our job is to tell the story effectively, It is not to show off our impressive vocabulary or personal knowledge.
Again, Spears on Lincoln, “His goal was not to impress people with his intellect but to humbly make needed information intelligible.” When planning any presentation, channel your inner Lincoln. Choose concrete language. Use metaphors or analogies to help explain complex facts. Speak slowly and plainly. Employ demonstrative aids when necessary to convey the message. Make the argument an interesting and compelling story.
While simple ain’t easy, it is achievable if you take the time to trim the fat and find the essence of the case. Then determine the best way to convey your ideas clearly and concisely.
Advocacy Advice:
To make an effective argument to the court, "simplify, summarize and synthesize."— Justice Samuel Alito
re: David Boies, "he choreographed the facts in such a way that there was no need for overblown rhetoric or slogans, the common tools of the trial lawyer. He was a seductive conversationalist…" — Karen Donovan
"You will find hundreds of persons able to provide a crowd of good ideas upon any subject for one who can marshal them to best advantage." — John Quincy Adams
Influential Book Poll
Last month I solicited from my friends’ books that changed their lives. Here is a sampling:
From coach extraordinaire (I am biased, she has repeatedly saved my sanity!) Cindy Rold - Are You There God? It’s Me, Margaret by the great Judy Blume
From divorce trial lawyer and former Zen monk Michael Roe (an interesting combo) - Walt Whitman's Leaves of Grass.
From my friend and Chair of the Publication Board for the ABA Family Law Section, Lynne Ustach - A Year of Magical Thinking by Joan Didion
From Austin’s top gun divorce lawyer (and one of my long time Atticus friends) Janet McCullar - Little Women.
Thanks, everybody for sharing your recommendations! Readers are leaders.
Well, that’s it for this month. Get outside and hit the trail or the pavement!
Stay in touch.