Vermont Bar Journal, Vol. 40, No. 2 Summer 2015, Vol 41, No. 2 | Page 9

3. We must educate the public about the role of trials to resolve disputes. There is a fear of trial work. I think most people mistake what occurs in a trial or the stakes of such a trial. They think it is a bombastic engagement in which the outcome hinges upon a single fact, and they fear that outcome. As lawyers we tend to stoke that fear, but we do it at our own peril. We must re-commit ourselves to working with clients and the public to instruct them on what trial work really is. As a defendant in a recent small claims court case that I was involved in blurted out after the plaintiff had put on his case in a clear and emotionally effective manner: “This is just great! This is what America is all about, and I am really happy to be a part of it.” 4. We must embrace the role of performance and storytelling. The great joy and fun in trial work comes from embracing the performance aspect and storytelling function of trial work. It is what our clients want at the end of the day—to tell their story (through testimony and evidence) and to tell it in a manner where our role enhances the process, brings the narrative to life, and gives the jury the best view possible of our clients and their position. The only way we can do this in a consistent and effective manner is to adopt the training that help us be better performers—which is to say advocates and communicators who can relay the trial data points to lay jurors and the public in a way that is honest and compliant with our moral art of trial advocacy. To that I encourage all of us to expand our horizons. In making these recommendations and elevating the trial advocate, I do not mean to short the other roles we play in mediations, transactions, and legal counseling. These functions remain critical and equal parts to our identities as attorneys-at-law. Like trial advocacy, these other faces of the profession require skills that are hard to teach in an academic environment and should receive more focus and training. Yet, none of these other roles occupy the same central public image of the lawyer as the trial advocate does. (Unless, of course, CBS’ new drama The Scriveners gets green lighted for the fall season.6) None are the exclusive domain of the licensed attorney. Business schools teach risk management www.vtbar.org and regulatory compliance. Experienced lay people draft agreements and legal documents on a daily basis. And non-lawyer mediators are a vibrant part of the alternative dispute resolution community. This is not to say that general counsels, transactional attorneys, and lawyer–mediators do not bring integral skills to their fields or are at risk of being usurped. But as technology expands, technical fields become more specialized, and businesses become more sophisticated, the line demarcating legal work will blur. It has already begun. That is why we must, at the end of the day, remain focused as a profession on our unique role as officers of the court and advocates before the judiciary. In doing so, we are called not only to retain the skills and values of trial attorneys, but to pass this knowledge to the next generation. By keeping trial work a strong and central part of the profession we do the greatest service for our clients today and to our heirs and assigns by leaving them an active and vibrant profession on which they may continue. ____________________ Daniel P. Richardson, Esq., is a partner in the Montpelier firm Tarrant, Gillies & Richardson and president of the Vermont Bar Association. ____________________ President’s Column opportunity for improvement in legal preparation will be found where the practicing legal profession is most vulnerable on the score of performance. This, I believe, is in the work of the trial courtroom. It seems to me that, while the scholarship of the bar has been improving, the art of advocacy has been declining.5 Hon. Robert H. Jackson, Training the Trial Lawyer: A Neglected Area of Legal Education, address at dedication of the new Stanford Law School building, July 15, 1950, at http://www. roberthjackson.org/files/theman/speechesarticles/files/training-the-trial-lawyer;-aneglected-area-of-legal-education.pdf. 2 Plato, Gorgias, in The Collected Dialogues at 229—307 (ed. Edith H