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What I Wish I Had Learned in Law School: A Lack of Curiosity Kills the Defense

What I Wish I Had Learned in Law School: A Lack of Curiosity Kills the Defense

We have all heard that old saying: curiosity killed the cat. This 19th century phrase was intended to discourage individuals from unnecessary investigation or experimentation and encouraged conformity. [i] Much to the chagrin of my parents, teachers, and sometimes friends, I have always had a natural sense of curiosity. In law school, my curiosity was challenged, and sometimes, I felt like it was discouraged. After all, there was no questioning case law. We had to understand it, and then we had to apply it. But even though law school does not teach us to be “curious,” curiosity is a real asset for a trial attorney.

I want to empower the next generation of great attorneys. Being curious—and maybe even a little nosy—is completely beneficial in legal practice! Think of it this way: attorneys who are curious will have an easier time engaging in creative thinking and storytelling in presenting evidence. So I want to foster an environment that lets young attorneys feel comfortable presenting creative ideas based on their deep knowledge of the facts and nuances of a case.

The Nuclear Verdicts® Defense Methods give an actionable framework to teach and flex this curiosity muscle. Part of our method of personalizing the corporate defendant is telling a different corporate story. The defense’s story does not begin at the time of the incident giving rise to the complaint. Where do we begin with this process? Get curious! This starts with learning the stories of our clients—what they do, what they enjoy, who or what they are as people, as businesses, and within their communities.

Arguing damages effectively is nearly impossible if we are not curious during the discovery process. We must ask the right questions, not just about what happened, but also about the impact of what happened. Without these deeper questions, we miss out on opportunities for greater results. Curiosity is a proactive practice.

I wish law school taught students how to be curious about our clients, plaintiffs, and the individual intricacies of a case. It starts small—reviewing social media, a company’s mission statement, diving into each type of hobby, etc. For example, I had a lively discussion with a plaintiff during his deposition regarding his hobby, skateboarding. He visibly perked up once I asked if he rode “regular” or “goofy.”

That moment was not just useful for gathering information to argue damages with, but it also it gave us information useful to a biomechanical expert. That one question led to discussions of other aspects of damages that would otherwise have been unaddressed. Finally, it created a comfort level with the plaintiff which was beneficial at mediation.

 

Takeaways

Even though law school does not teach curiosity, it’s a skill that can be learned and grown. We can foster curiosity among young attorneys in preparing our defenses:

  • By asking and encouraging questions (open-ended questions to younger attorneys—did someone say Socratic Method?);
  • By rewarding curiosity and creative thinking; and
  • Most importantly, by our own continued learning and openness to new ideas.[ii] After all, one of the best teaching methods is modeling the behavior you wish to teach. [iii]

There is a flip side to this. In a world where “curiosity killed the cat” is baked into our psyches, particularly in risk-averse fields, we must be proactive in our pursuit of curiosity and continued learning. As we work with the next generation of trial attorneys, we must make time to mentor and advocate for them, and we need to acknowledge when an idea is productive.[iv] Even the most curious young attorney will not speak up without the confidence that doing so will be received openly.

 

 

 

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Sources


[i]Curiosity killed the cat, Wikipedia (Dec. 22, 2004), https://en.wikipedia.org/wiki/Curiosity_killed_the_cat.

[ii] Just a moment…, https://www.wiley.com/en-us/network/professional-development/careers/leadership/unlocking-the-power-of-curiosity-five-tips-to-be-more-curious-in-the-workplace.

[iii] Six Traits of an Effective Role Model for All Managers, (Dec. 4, 2021), https://readytrainingonline.com/articles/effective-role-model-traits/.

[iv] Chelsea Spencer Smith, The Power Of Curiosity In The Workplace, (May 17, 2023), https://www.forbes.com/councils/forbescoachescouncil/2023/05/17/the-power-of-curiosity-in-the-workplace/.