The Secret to a Strong Legal Defense? Honey, Not Vinegar
What’s your favorite courtroom drama? If I had $5 for every time someone asked me this as a lawyer, I’d be set for life. Seriously, though, any list of the best lawyer films worth its salt includes 1992’s A Few Good Men.
If you’re a fan, I bet you can picture the scene in your head before I describe it. Navy Lt. Daniel Kaffee, played by a young Tom Cruise, stares down Marine Col. Nathan Jessep, brought to life by the incomparable Jack Nicholson. Kaffee forcefully tells Jessep, “I want the truth!” Then Jack Nicholson delivers the immortal line … “You can’t handle the truth!”
More than 30 years later, this dialogue still resonates. But it’s the rest of the scene I want to talk about today. You may not recall the exact film plot. It involves the aftermath of a murder at Naval Station Guantanamo Bay. Of course, this was many years before the base became well known as “Gitmo.” The famous line comes at the climax of the movie; here’s the clip.
I know it’s difficult but take your focus off Jack Nicholson for a moment. What else do you notice? Did you observe Tom Cruise arguing with the prosecutor and judge to the point of almost being held in contempt? This is the part of the scene to pay attention to. Almost every movie involving lawyers features courtroom fireworks. A screenwriter once explained the rationale to me this way: “Every story needs conflict and tension. Hollywood brings this to life with heated courtroom clashes and fiery exchanges.”
Such dramatic portrayals have led many clients to expect attorneys to be aggressive in court—to argue with the judge and prosecutor over everything. I’ve even had clients tell me they don’t like it when their counsel acts politely to the other actors in the trial. This is quite similar to how the “CSI Effect” has convinced many people every trial is resolved through DNA and forensics wizardry.
As we all know, Tinseltown makes great entertainment. Real life is a different matter—and necessitates a different courtroom approach. This is because true advocacy requires diplomacy. My nearly 40 years of legal experience have shown the utility of using honey over vinegar, to adapt an idiom first published in Benjamin Franklin’s Poor Richard’s Almanac in 1744.
When you hire counsel, the goal should always be clear—a successful resolution to your case. What good is a lawyer who antagonizes the prosecutor, their staff, and perhaps even the judge? All that chest-thumping might look and sound dramatic, but it does you little good if the result isn’t in your favor.
To understand why my “honey” approach beats the “vinegar” style, let’s explore what it provides clients throughout the legal process. My goal from the start is to build rapport and trust with prosecutors and judges. This ensures they are open to working with my client instead of throwing the book at them.
Importantly, prosecutors and judges may seem like enemies, but they aren’t really—they play a vital role in how our justice system works. On the defense side, we want the judge and prosecutor to do something for us—whether it’s crafting a favorable plea deal or disallowing evidence not gathered in accordance with my client’s rights. Sometimes, I want a judge to offer my client a better result than that offered by the prosecutor. This leads to a key question: Who would you rather work with—someone respectful or someone spoiling for a fight?
The answer to this question sheds light on why the “honey” approach works so much better in the courtroom. But it actually goes far beyond avoiding the bridge-burning so commonly portrayed on TV. By operating amicably yet strategically, I’m often able to educate the prosecutorial team in such a way it helps my client more than any amount of yelling and objecting.
Instead, by concentrating on professional courtesy and good-natured advocacy rather than arrogance and antagonism, I’m better able to help the court see my client’s case from a more informed perspective. This strategy begins early in the process when I prepare a mitigation packet to explain the factors in my client’s life contributing to their current legal predicament and the proactive steps we’re taking to improve their life.
This approach pays dividends for clients, literally every single time. When prosecutors and judges alike know they can trust you, you’re respectful of them, and are working with them in good faith, they are far more open to making agreements advantageous to defendants. Of course, there are other ingredients to the “honey” approach, like patience, persuasion, and a tactical assertiveness.
That last part is critical. I have a strong reputation throughout California for empathy and positivity, but I will not hesitate to be aggressive when warranted. You’d be amazed at how people sit up and really listen to a passionate argument when they aren’t being yelled at all the time. By exercising restraint, I ensure aggression is used only when necessary—and always effectively.
When it comes to discerning the best way to run a defense, the verdict is clear: “honey over vinegar” is the winning philosophy. This approach helps to achieve favorable agreements, reduce sentences, and produce better case outcomes. Although it won’t sell movie tickets like Tom and Jack, it always benefits the client. If you or a loved one are facing criminal charges, let’s build a strong defense based on strategy, not shouting. Contact me today.