A Profile

in p R o F ession A lism

Among the non-lawyer public, two words don’t get paired up often: “Lawyers,” and “empathy.” That’s unfortunate because they can, and should, coexist. Too frequently they don’t.

Maybe that’s because some think being a zealous advocate eliminates their ability to show empathy for fear of being perceived as weak. Maybe it’s peacocking for clients, conflating being aggressive with being effective. Maybe it’s living in a time when empathy seems outdated and stridency pervades our profession and our politics. Whatever the cause, it’s time to reassess the role of empathy in advocacy.

My favorite fictional lawyer, Atticus Finch, said it best: “You never really understand a person until you consider things from his point of view... until you climb inside of his skin and walk around in it.” I agree. To appreciate another perspective, it’s best to try it on—to imagine what it’s like to have another’s experience instead of your own.

Being empathetic makes us better advocates. First, empathy invites honesty. Clients who feel their lawyer understands them are more likely to share information than if they feel their lawyer is judging them.

Second, understanding a client’s perspective allows a lawyer to tell a more compelling story. If being a trial judge taught me anything, it’s that juries get it right most of the time. They reward advocates who tell stories they understand and see through those who are performative but lack empathy.

Third, understanding another party’s perspective is critical in prosecuting a case against them. It’s hard to take apart another party’s case if you don’t understand their motivation for bringing it.

Finally, empathetic lawyers find practicing law easier and more gratifying. To quote Atticus again, “you’ll get along a lot better with all kinds of folks” if you consider things from their point of view.