Defending People

the tao of criminal-defense trial lawyering

On Competence

As I’ve grown older and more insight­ful (and, Jen would say, crankier), I’ve real­ized that com­pe­tence is very impor­tant to me, and incom­pe­tence annoys me.

Gen­eral competence—being able to deal with what­ever adven­tures life might hand you—is a cer­tain virtue in my world. I had a next-door neigh­bor for the last few years, Jack, who had a high level of gen­eral com­pe­tence. He was a for­mer Marine EOD tech and a com­puter geek. We weath­ered a cou­ple of hur­ri­canes together, pool­ing our com­pe­tences to get houses boarded up (when ply­wood was next-to-impossible to find) and elec­tric­ity gen­er­ated (when gen­er­a­tors and gaso­line were next-to-impossible to get). Jack also taught me to shoot a  But now Jack and his wife are splitting—general com­pe­tence is not nec­es­sar­ily global—and sell­ing the house, so I hope to wind up with another neigh­bor who doesn’t hop in the SUV and head for high ground when­ever a lit­tle wind threatens.

Spe­cific com­pe­tence is impor­tant too. There are many things that I know how to do well. I may not be able to do all of them myself, but I know at least enough to rec­og­nize tech­ni­cal competence—or incompetence—when I see it.

One of the things that I know how to do well is pick a jury. Another is ride a motorcycle.

If I see a motor­cy­cle at a stop­light when the light turns green, I can tell defin­i­tively in sec­onds (even aside from attire) if the rider has a clue about what he’s doing. It’s all in the feet. The com­pe­tent rider has his feet off the ground and on the foot­pegs as soon as the wheels are turn­ing; the incom­pe­tent has a foot or feet stick­ing out like out­rig­gers halfway across the inter­sec­tion or farther.

Why do the out­rig­gers sig­nal incom­pe­tence? Because your feet are use­less once the motor­cy­cle is mov­ing on its own. A mov­ing motor­cy­cle is not, absent extra­or­di­nary cir­cum­stances, going to fall over (motor­cy­cles are designed to stay upright) and if it does start to fall over (say you hit a patch of ice or gravel), you can’t stop it with your foot. Your foot is not going to have trac­tion bet­ter than the motorcycle’s, and if it does the motor­cy­cle is going to pro­ceed for­ward and leave your foot behind.

A 200-kilogram motor­cy­cle with a 100-kilogram rider going only 5 kilo­me­ters per hour (walk­ing speed) car­ries 579 joules of energy—about the same as a bul­let leav­ing the muz­zle of a .45. Dou­ble the speed (to a jog­ging pace) and quadru­ple the energy.

If the motor­cy­cle does fall over, all of that energy has to be dis­si­pated some­where. As far as the energy is con­cerned, the bones of your foot, ankle, and lower leg are as good a place to dis­si­pate as any. As far as you are con­cerned, though, it’ll be much cheaper and less painful if your feet are where they’re sup­posed to be—shielded by the bike’s hardware—when the metal meets the road.

Any­way, keep­ing your feet off the pegs once the motor­cy­cle is rolling is like wav­ing an “incom­pe­tent motor­cy­clist” flag. (I’m sure that’s a metaphor for some­thing in crim­i­nal defense trial lawyer­ing, but that’s not what I’m going for here.) Cranky cur­mud­geon that I am, I will allow your incom­pe­tence on our shared road to annoy me; it’s one of life’s lit­tle pleasures.

So this morn­ing I’m dri­ving to the cour­t­house when I see a guy on a motor­cy­cle at the traf­fic light near­est the police sta­tion. He’s north­bound, wear­ing a down vest and ski cap and dark sun­glasses (high of 92º today), on a generic Japan­ese sport­bike. I’m west­bound. My light turns red, and I stop at the light, with a front-row seat to the impend­ing show.

I can tell that he’s rar­ing to turn right— He has a red light for the south­bound traf­fic turn­ing left. Sedan, sedan, sedan, pickup. He goes zoom­ing into the turn, incom­pe­tent motor­cy­clist flags wav­ing, between the sec­ond sedan and the pickup. There’s no gap, but he makes one, turn­ing right in front of the pickup into the left lane, forc­ing the pickup dri­ver to hit the brakes and swerve into the right lane.

Did I men­tion that the first sedan was a patrol car? Well, I think our incom­pe­tent friend must have missed that fact (demon­strat­ing gen­eral as well as spe­cific incom­pe­tence). Lights come on, traf­fic stops, our friend has a dis­cus­sion with the offi­cer and pulls off into a side street with the police car behind him.

The one good thing I have to say about incom­pe­tence: it’s very good for business.

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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

3 Responses to “On Competence”

  1. Maybe it’s just that you’ve gone from inex­pe­ri­enced begin­ner to more of an expe­ri­enced expert and you’ve become less patient with peo­ple who know less than you do?

  2. […] Another part of the prob­lem may be that peo­ple involved with the law claim to be what they are not. Nor­ton I indis­putably has the best his­tor­i­cal claim to Imperium over the United States. Amer­i­cans respected his title. On the other hand, oth­ers grant them­selves dubi­ous titles, such as “trial lawyer,” which they haven’t earned. Scott Green­field is skep­ti­cal of some who wear that title. CrimLaw’s response is prag­matic, and Robert Ambrogi urges lawyers to call a spade a spade. In law as in gov­ern­ment, deeds are some­times more impor­tant than words. […]

  3. Didn’t know you were a motor­cy­cle rider! Do you have any physics anec­dotes about pop­ping wheel­ies? :)

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