Be a Cicero Lawyer
'Interestingly, it would seem an ancient lawyer had much to do with the evolution of our modern world'
Jim Vickaryous
A trial begins with a tall man walking into the courtroom. His greying blond hair hangs at his waist. Gold combs and silver braids adorn his long grey beard. His steely arms and broad chest are covered with recondite cobalt tattoos. His grey eyes look down at the iron shackles around his wrists. He looks both exotic and menacing to those in the courtroom. Like all defendants accused of murder, he sits and contemplates his impending doom.
His lawyer puts his arm on the tattooed shoulder to reassure him. Thin, balding, clean shaven, and sans tattoos, the lawyer looks rather ordinary. Though plain looking, the lawyer is known to all in the courtroom. The lawyer uncharacteristically begins by stating that he is anxious: “I am speaking for a king…I am defending his life and fortunes.” In his storied career, representing a king is a first. He argues that his swashbuckling client has been wrongfully accused. A political conspiracy of the worst order has led to the false charges.
The judge in this trial is Julius Caesar himself, who is also the alleged victim of the murder plot. Caesar looks old, a survivor of so many battles and blows to his head that he now lives with random fits of epilepsy. He is loved by his legionnaires for his willingness to lead at the front of battle. A battered and tired Caesar sits as judge, jury and, possibly, executioner.
Celtic King Deiotarus has been accused of having the motive to orchestrate the attempted murder of Caesar in his bed. The prosecutors accurately state that the barbarian sided with the republican armies of Rome in the great civil war. King Deiotarus had the opportunity, as that fateful night he had brought peace offerings to the victorious Caesar in an effort of diplomacy. Caesar won the war and now sits in judgment of one of the men that fought him. Feelings still run strong in Rome for the freshly dead republic, and Caesar knows that many more people want him dead. Perhaps a gracious and public pardon of this barbarian king would buy old Caesar some bedtime peace.
King Deiotarus has chosen his lawyer well. While nothing to look at, Marcus Tullius Cicero has the best mind in Rome, known as a lawyer’s lawyer. Despite siding with the republican armies that Caesar defeated, the dictator likes to listen to the oratory skill of Cicero. Caesar had granted a pardon to Cicero, perhaps thinking it would be a crime in and of itself to execute such a fine mind. Cicero is an example that sometimes, even brutal dictators like to keep a good lawyer around, just in case.
Cicero pulls all the arrows from his quiver that he can muster. The King was set up by those who would benefit from his downfall. There is no direct evidence implicating the King, making the case circumstantial. The King had been loyal to Rome in the Mithridatic Wars, saving whole Roman legions from being destroyed by the ruthless King Mithradates’ eastern war machine. Why would the King put himself in physical danger by personally giving diplomatic gifts to Caesar, swearing fealty, and then on the same day attempt to assassinate him? Cicero waxes utilitarian, as it would be a loss to Rome to execute such a masterful field marshal. Cicero states that of all people, Caesar knows how rare it is to find capable leaders of men.
Caesar silently ponders Cicero’s well-crafted arguments. Caesar wants King Deiotarus and his eloquent and effective lawyer to stew in their worry. He reserves ruling, stating that he will take some time to think it over. Caesar knows he will give the barbarian king a pardon, but wants to make him sleep one more night with the knowledge that he might be crucified. Caesar may be a dictator, but he is a consummate politician and sees how masterful the propaganda will be if he grants a high-profile pardon to this popular Celt.
Marcus Tullius Cicero was a first century BC Roman lawyer during the end of the republican era and at the dawn of the age of emperors. Despite practicing law two thousand years ago, it is stunning how similar his day-to-day legal practice is to our modern methods of practicing law. Cicero often argued before juries of Roman citizens. He would have daily morning meetings with clients. He had an assistant (a highly educated Greek slave) who took dictation. Cicero’s legal assistant may be the reason we know so much about his law practice today. Cicero’s courtroom arguments were transcribed in an ancient form of shorthand and distributed for public consumption. You can order a book of Cicero’s closing arguments from Amazon and have it tomorrow. Cicero’s life was so fateful and interesting that he is featured as the main character in Robert Harris’ gripping historical fiction novel “Imperium,” which I highly recommend reading.
Like modern lawyers, Cicero practiced law to make a living. He took on many clients, charged them large fees, and also engaged in Roman politics. He came to prominence as a public corruption prosecutor. Just as in modern times, ancient Rome had its share of corruption. Cicero listened to stories of Sicilian families of high rank who would host the Roman governor to dinner. During the dinner, the governor would help himself to their expensive art, and sometimes even their wives. Governor Gaius Verres was on a one-man looting spree of the largest island in the Mediterranean.
Cicero gathered his evidence and witnesses, and in 70 B.C. pressed charges against Governor Verres in the Roman courts. Cicero’s opening statement, whatever century it may be read in, hits right at the heart of any justice system: “For an opinion has now become established, pernicious to us, and pernicious to the republic, which has been the common talk of everyone, not only at Rome, but among foreign nations also — that in the courts of law as they exist at present, no wealthy man, however guilty he may be, can possibly be convicted.” Cicero’s opening statement on the first day of trial was so damning that Verres fled Rome.
Through political connections, Verres received a pardon, kept his looted fortune, and lived a very good life in exile. The Roman Senate was so impressed with the honest, fearless, and young prosecutor that they elected Cicero to the position of Roman consul seven years later. While Verres escaped justice, his actions led to his eventual undoing. The great problem with greed is that there are always men who are greedier. Caesar’s loyal lieutenant general, Marcus Antonius, envied Verres’ art collection, reputed to be the best in Rome. After Caesar’s assassination, Mark Antony quickly executed Verres and took possession of his wonderful collection of antiquities.
Like many modern lawyers, Cicero had his share of mistakes. While serving as consul, he discovered a coup intending on installing a dictator. He quickly assembled the Senate, convinced them to give him emergency powers, rounded up the conspirators, and ordered their executions without trial. Cicero argued the conspirators were so dangerous that leaving them alive another day would endanger the republic. By stamping out the Catilinarian Conspiracy, many lauded Cicero as a hero of the republic. Others, noting that Cicero made a living defending those accused of murder at trial, thought it was a horrible act of hypocrisy that Cicero would not give Senator Catiline a citizen’s basic right of a jury trial.
Cicero’s silver tongue was not enough to save his life in these tumultuous times. Caesar’s death brought on another civil war. Caesar’s heir Octavian reluctantly assented to Mark Antony’s wish to end Cicero’s life. Cicero went on the run, heading east. He was caught while on the move in 43 B.C. in Italy and executed by a centurion of Mark Antony. Historians note that the rediscovery of Cicero’s letters in 14th century Italy sparked the Renaissance, creating the modern world we know today. Our country’s founding fathers were all heavily influenced by the political philosophers John Locke, David Hume, Montesquieu, and Edmund Burke. Each and every one of these philosophers read and was heavily influenced by Cicero’s letters. Interestingly it would seem, an ancient lawyer had much to do with the evolution of our modern world.
We lawyers work each day on what is before us and often think we are alone in what Abraham Lincoln called the drudgery of law. In reality, we are not alone at all. I suspect that even in the virtual practice of law today, Cicero would instantly recognize skilled lawyers and would be able to quickly make a helpful argument. We have progressed technologically as a society in so many spectacular ways since the days of Cicero. Our machinery is much better, but the human condition is the same. Greed still exists, people continue to lie, people still make bad choices, good people still want to protect what is theirs, and all people still want their day in court. As the nature of humanity does not change, I predict that we will need lawyers in our republic for many more years to come. Come what may, we should all strive to be Cicero lawyers.
Jim Vickaryous is the managing partner of the Vickaryous Law Firm in Lake Mary and represents the 18th Circuit on The Florida Bar Board of Governors.
