Defending People

the tao of criminal-defense trial lawyering

Resiliency

I wrote here about the mind of the criminal-defense lawyer. Today I real­ized I left a major point out.

In read­ing law prac­tice man­age­ment blogs, I hap­pened on this post by Ed at Law­Biz Blog, explain­ing that, accord­ing to a JD/psychologist, lawyers can’t “sell” because they have lit­tle or no “resiliency, or fast rebound­ing from set­backs.” He goes on to write:

Lawyers will be defen­sive, get their feel­ings hurt eas­ily when some­one says “no” to them or crit­i­cizes them, and are quick to jus­tify their actions.

As is often true of gen­er­al­iza­tions about lawyers, this prob­a­bly doesn’t quite apply to criminal-defense lawyers. Not only are defend­ers not eas­ily embar­rassed, but they are also very resilient. Any lawyer who can’t get his butt handed to him in trial on Tues­day after­noon and be back fight­ing again on Wednes­day morn­ing has no busi­ness defend­ing people.

So does our resiliency make us bet­ter able to “sell”? In some cir­cum­stances, sure — recall the judge’s com­ment about “try­ing, and try­ing, and try­ing” in this post — but over­all, I think not. Ed is talk­ing about lawyers mar­ket­ing them­selves. I don’t think criminal-defense lawyers are any bet­ter at that than other sorts of lawyers. I don’t know why that is, but it’s not for want of resiliency.

Share

About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

Leave a non-anonymous Reply