Wednesday, November 4, 2009

The Tools of an Attorney

The Quagmire

Lawyer BriefcaseThe other day I was thinking about Family Guy, the Fox animated series. I don't remember now... but my thoughts went to the character of Glenn Quagmire. Quagmire is one of my favorite character in Family Guy, and I got to wondering about the origins of his name. I thought, "You know what? His name must mean something... like awkward situation," or something similar.

I came to find out that the definition of Quagmire means:
  • a difficult, precarious, or entrapping position : predicament
Sounds about right for an Attorney huh? That's exactly it, the quagmire is one of the most powerful tools a lawyer can have at his disposal. Put your opponent in a quagmire. If you can't argue or defend yourself... how can you win your case?

This becomes especially perplexing when a jury is involved in your case. Why? Because at the point you are rendered speechless by a crafty lawyer, the seed of doubt is planted. If the lawyer can evoke doubt in the jury, then the lawyer can also spin the facts.

I am sure this is one of the fundamental qualities they teach in law school. It would have to be. Mock trials and mock debates would play out like three dimensional mental chess matches. The pivotal move? Put your opponent in Quagmire.

In closing, here is a tip for all you law students out there. If you want to become the best attorney you can possibly be, learn the principals of utilizing the quagmire. Whether you are the defense attorney or the prosecutor, use intelligent and entrapping questions. Then attack (or defend) from a position of strength, on the basis of doubt.