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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Marquette Law Student Theresa Fallon Serving as ABA Law Student Division Liaison for the Dispute Resolution Section

I recently learned that Theresa Fallon, a 2L, was appointed by the ABA to serve as Liaison to the Section on Dispute Resolution for 2009-2010.  You can see a list naming Theresa and the other liaison appointees here.  Student liaisons to ABA entities such as the Dispute Resolution Section work to “serve as a line of communication between [their] respective entit[ies], Law Student Division, Division Circuits, and local law schools,” according to the front page of the Liaison website.

The competition for the liaison positions is tough, and it is an honor for Theresa to have been chosen.  In this position, Theresa will attend the section’s meetings and get to know its leadership, helping it to understand and serve the needs of law students.  She will also attend meetings for the ABA Law Student Division in the Seventh Circuit.  The liaison position is a wonderful opportunity for Theresa to make connections, serve the profession, and represent Marquette University Law School in national legal circles.

Continue ReadingMarquette Law Student Theresa Fallon Serving as ABA Law Student Division Liaison for the Dispute Resolution Section