Does passion have any place in appellate law?

How about this for an enticing topic?  The topic first came to mind after reading my friend Mitch Jackson's recent article on "How Do You Keep the Passion and Fire in Your Belly?"  You can find the article and my comment at  http://newworldlawyer.com/whats-your-passion/.

Let's start with life in general and then work down to our careers.  Okay, this is my theory:  when civilization first began, we had to spend many hours fighting for survival, hunting or searching for food, and getting in enough sleep to do it all over again the next day.  Even so, early man still had some extra time to devote to painting caves, etc.   Through the centuries, we've eliminated or shortened the time we spent finding food and protection, and at the same time, our life spans have increased.  So, we have to do something to fill up this extra time.  Some people believe we are here for a purpose.  I don't, but I do think that people find a purpose in living and that purpose usually involves some passion.  My choice is to try to live every day with passion (some days more than others).

We have to do something to make money to live in comfort.   Some people believe our lives are spent in being consumers, so then we need money to live and consume.  That's where our jobs come in.  We might as well do something we enjoy.  Because passion has a lot going for it, I want to bring that passion to my work. But don't confuse passion solely with fiery or emotional speeches delivered to a jury.  I have talked with justices and most of them tell me that too much emotion or drama has no place in an appellate oral argument.  That doesn't mean oral argument has to be delivered in a monotone, stripped of any human emotion.

Appellate justices are human after all, and while they might not want you to argue to them as though you were in front of a jury, a monotone delivery may put them to sleep.  What they are interested in seeing is that you believe in your position.  Some justices may want to test your beliefs by asking questions.  That is where passion should come in.  For me, if I can't believe in my client's cause, then I don't want to take the case.  In fact, I think of how I will argue the appeal at our very first meeting.  If I can't picture myself fighting for their issue, then I usually turn down the case.  I want to believe I am filling up my time (that my ancestors gave up running away from predators) to fight for something that I care about.  And I think the justices want to decide cases that they feel are important.

If you think there is some validity to this concept, then you might also want to consider two resources.  One, Act of Communication, run by two of my favorite people, Katherine James and Alan Blumenfeld, has launched a new blog, www.LegalStage.com, which they describe as "Where the law and the arts meet - whether in the courtroom, the boardroom, on stage, on screen or in rehearsal."  Act of Communication is an established trial consulting firm of actors who help attorneys maximize their presentation skills, which includes skills to allow the passion to come through.  Also check out www.ActofCommunication.com for the main web site.

Also, check out my new book review on Trial in Action. Another book about connecting with your passion (and much more) to become more effective advocates in trial.  You can find it online at  http://www.plaintiffmagazine.com/Feb11/Bader_Trial-in-Action_The-Persuasive-Power-of-Psychodrama_Plaintiff-magazine.pdf.

And no, I don't get any commissions from these plugs.  I am just passing on some great information and resources!

Comments

[Mitch Jackson]

Passion on appeal. I like it! There's something about wanting to believe in other people. It's easier to do when they're passionate about what they say and do. There's an amazing physical and emotional connection that takes place and which is exchanged with others when passion comes in to the picture. At trial or on appeal, I'm looking for controlled and focused passion every single time.

Great blog post from one of the best! Mitch/ Jackson & Wilson, Inc.