Be a Curious Lawyer
'The curious lawyer understands the power of an engaged client. Encouraging clients to ask questions and seek clarification fosters an environment of collaboration and trust. Curiosity on the part of the client leads to a more informed attorney-client relationship, where both parties actively contribute to the legal process.'
Jim Vickaryous
There are no stupid questions. At least that is what my U.S. Army training officers used to tell me. As lawyers, we cannot be afraid of asking basic questions that may make us look bad as we seek the truth. Curiosity may have killed the cat, so to speak, but lack of curiosity can be fatal for a lawyer. Be curious about everything and ask lots of questions, especially stupid ones. It is often the stupid questions that elicit the best answers. Curiosity is the linchpin of professional growth and the first step in the pursuit of justice.
We’ve all experienced that ignominious moment when our client, under oath, reveals a fact for the first time, catching us off guard. It’s easy to blame the client or witness for this key fact being disclosed for the first time on the stand. But it is really a lack of curiosity of the lawyer. Had the lawyer listened to the private discussions of the client, and then drilled down on the facts, that key fact would have been addressed in a much better way. Be curious. Is what I am being told include all the facts? Ask stupid and simple questions and you will learn quite a bit more than what is being told to you.
Lawyers are in a unique position in our culture when it comes to the freedom of being curious. People expect it of us. People will often share things with their lawyer that they won’t share even with their spouse or confessor. They want us to ask them questions. A lawyer can gracefully navigate the uncomfortable task of asking for clarification, often employing statements such as, “Could you please explain that differently? I’m having difficulty understanding.” The person you are questioning may not be willing, but they understand it’s your job as a lawyer to be inquisitive. Being curious is our duty.
As lawyers, we often hire scientific experts to gain insight on a case’s key facts. Much like lawyers, the best scientists are curious and not afraid to ask basic questions. Scientist Carl Sagan said, “There are naive questions, tedious questions, ill-phrased questions, questions put after inadequate self-criticism. But every question is a cry to understand the world. There is no such thing as a dumb question.”
In the pursuit of justice, curiosity becomes a relentless force through effective questioning techniques. The curious lawyer knows the first answer in a deposition may not be the real answer. By probing deeper and asking insightful questions, they uncover essential information and bring truth to the forefront. This approach is not only a professional duty but a responsibility and manifestation of the lawyer’s commitment to the pursuit of justice.
Curiosity knows no bounds, and the curious lawyer explores beyond the confines of their specific legal niche. Understanding related fields provides a holistic perspective that is invaluable in complex cases. Collaboration with colleagues from various disciplines becomes more effective, as the curious lawyer can bridge the gap between legal intricacies and broader contexts.
Curiosity extends beyond legal technicalities to ethical considerations. A curious lawyer consistently questions the ethical implications of their actions and decisions. This introspective curiosity ensures that the lawyer maintains the highest level of integrity in their practice. Upholding ethical standards becomes not just a duty but a conscious commitment driven by a curious conscience.
The curious lawyer understands the power of an engaged client. Encouraging clients to ask questions and seek clarification fosters an environment of collaboration and trust. Curiosity on the part of the client leads to a more informed attorney-client relationship, where both parties actively contribute to the legal process.
Every case presents a unique set of challenges, and the curious lawyer approaches each one with analytical curiosity. Questioning assumptions, exploring alternative legal strategies, and considering the potential impact of different approaches are integral to the curious mindset. This analytical curiosity not only leads to innovative solutions but also enhances the lawyer’s ability to navigate the complexities presented in their legal practice.
The timing of questioning is important. During the early stages of investigating a matter is the best time for what others may think of as stupid questions. As you learn more facts and endeavor to identify gaps in your understanding, more precise and strategic questions are needed. At trial, of course, your questions should be fine-tuned, strategic, and you should know the answers to those questions before posing them.
There comes a point in legal analysis when you know all there is to know about the facts and relevant law. Despite lingering curiosity, key facts that could sway a case often remain elusive and unknowable. A jury will have to use its best judgment to determine what those facts may be. The fear of the unknown and the unknowable is one of the most profound fears a person can experience. It’s a horrible fear that can stalk lawyers. Be careful not to let your natural curiosity pull you down the proverbial rabbit hole. There’s a time to put your curiosity aside and act upon the facts known to be true, while also acknowledging the inevitable unknowns. The space between curiosity and the unknown, a territory uncharted, is where the most skilled lawyers excel in their craft.
Cultivating curiosity serves as a powerful antidote to the prevalent phenomenon of closed-mindedness in our society. Despite the multitude of voices dictating what we should believe, it’s essential to observe with our own eyes. Often, we find that the reality starkly contradicts the narratives imposed upon us. Beware of those who tell you not to ask stupid questions. Indeed, individuals who respond defensively to questions often have something to hide. I’ve found that the most curious individuals are often among the most intelligent people I’ve encountered. It’s perfectly fine not to have all the answers and to ask questions that demonstrate a willingness to learn. It’s better to ask and learn than make an irreversible error that could have been avoided.
As lawyers, it’s imperative to embrace curiosity to fully comprehend the complexities of the matters before us. Cultivating a curious mindset extends beyond the confines of routine legal practice, fostering a commitment to continuous learning, and embracing even adverse facts. As the legal landscape continues to evolve, the curious lawyer stands as a beacon of inquiry, championing justice, and embracing the endless possibilities that curiosity unfolds in the pursuit of legal excellence. Don’t worry about what others think of you when you ask questions, trying to get to the heart of a matter. It’s your duty to be curious. Let’s all resolve to be curious 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.
