Stephen Jay Gould on Jim Bowie, Bill Buckner, and Storytelling

AlamoStephen Jay Gould, the eminent scientist and Harvard professor, was interested in human pattern recognition in stories.  He referred to the patterns that human minds want to create as “canonical stories.” His essay entitled “Jim Bowie’s Letter and Bill Buckner’s Legs”, which appears in I Have Landed:  The End of a Beginning in Natural History, describes two famous stories — one of Jim Bowie at the Alamo and the other of Red Sox first baseman Bill Buckner.    

Gould explains how both of these stories have often been patterned into the form of a canonical story.  In the Alamo story, the canon focuses on the Alamo defenders’ valor and honorable death.  William B. Travis, a young commander at the Alamo, wrote a letter describing the siege, which ends with the phrase “VICTORY OR DEATH.”  (60)  This famous letter is often cited in Alamo legend, but Gould points out that Bowie also wrote a letter, which fails to get mentioned because it does not fit with the canon.  (60)  He goes so far as to say Bowie’s letter is “hidden in plain” sight, ignored in a glass case at the Alamo museum.  (60-61)  Bowie thought that Santa Anna was willing to negotiate, and he wrote in Spanish to Santa Anna asking whether Santa Anna had called for a parley.  (61-62)  Santa Anna responded that he would have no mercy without unconditional surrender.  (62)

Gould then surmises that even with this response, had Bowie been less ill, “some honorable solution would eventually have emerged through private negotiations” because Santa Anna and Bowie were seasoned battle veterans.  (62-63) 

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What’s Your Archetype?

Saint_george_raphaelThis past year I came across a terrific article by Professor Ruth Anne Robbins on using archetypes to develop a client’s story.  (Harry Potter, Ruby Slippers and Merlin: Telling the Client’s Story Using the Characters and Paradigm of the Archetypal Hero’s Journey, 29 Seattle U. L. Rev. 767 (2006)).  An archetype is an innate prototype, or epitome, of a personality.  The Swiss psychologist Carl Jung advanced the theory that some personality types or characteristics are universally recognized.  The American mythologist Joseph Campbell was influenced by Carl Jung’s work on archetypes and considered how archetypes manifest in mythology.  Professor Robbins examines how Jung’s and Campbell’s theories can be used in a practical litigation and courtroom setting.   

In her article, Professor Robbins suggests that archetypes, as universally recognized symbols, can be used to create a compelling image of a client.  As Professor Robbins states, “Because people respond — instinctively and intuitively — to certain recurring story patterns and character archetypes, lawyers should systematically and deliberately integrate into their storytelling the larger picture of their clients’ goals by subtly portraying their individual clients as heroes on a particular life path.”  (768-69.)  The key to using archetypes is to tap into a judge or jury’s unconscious to align the client’s story with a hero’s transformative journey. 

How do you put your client on the path of a hero’s journey? 

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How Do You Avoid Malpractice When Representing Clients in Foreign and International Matters?

globeMany attorneys representing domestic clients extend their legal advice to foreign and international matters.  Unfortunately, some of these attorneys are ill-prepared to provide this advice. Not only are they not familiar with the basic operation of other legal systems, such as those derived from the Civil Law tradition, they are unfamiliar even with the Common Law systems that vary from the U.S.

Domestically, a lawyer is rarely found to have committed malpractice merely because she or he is unfamiliar with the current state of the law in her or his own state, much less other states or federal law. Rather, the presumption is that she or he has sufficient general familiarity with the law and possesses the skills necessary to collect knowledge about the law to provide effective counsel.  This is true even for highly specific legal subject matters such as antitrust or securities law (the one significant exception may be patent law). So, if a practitioner does not commit malpractice when advising a client without knowledge of the specific domestic law, why would the standard differ for foreign and international legal matters? 

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