A TERM PAPER In Partial Fulfillment of the Subject Legal Counseling By Ed A.

Jalbuena Title: A Lawyer as a Chess Player and a Rhetor

Introduction: Trite and as old as the human race, law profession has long been existing. Alth ough it started as a limited process of merely administration and dispensation o f justice, lawyering has been practiced during the early days in tribes and vill ages. As time went on and kingdoms and empires were founded, the king shouldered this sacred responsibility and we had the wise King Solomon. They adopted ingenious procedures to get at the root of truth and passed judgmen ts that were both wise and amazing. Even though they had an air of mystery surro unding them, we tend to believe and recall them with utmost pride and pleasure. One of the pillars on which our democratic structure stands is the Judiciary. Wh ile the Legislature makes the laws that should govern the country, the Executive enforces them and the Judiciary interprets and prevents their misuse. Thus its task is no less important than the making or the enforcing of the laws. It is this august body that safeguards and guarantees the rights of its citizens , protects them from the hand of tyranny and offers them a sense of security. Li ke the doctor or the engineer, the lawyer is therefore indispensable, for it is he that opens the door to justice. The lawyer must necessarily possess the skill of delving into situations and iss ues with utmost and profound analysis to protect and uphold the rights of his cl ient. It is the same skill required of a chess player. Every move and subseque nt actions are critically projected to best defend his King to avoid defeat. However, for a lawyer to be considered astute in his field of profession, skill in analysis is definitely not enough. If an idea or a concept only remains in th e lawyer s head and he fails to translate such into a tangible output nothing will h appen no matter how brilliant it is. How is he going to communicate such produc t of analysis can be a challenging question. Meaning, it is required that a law yer should master the art or skill of writing and speaking effectively as well. A lawyer as a Chess Player The game of chess remains a game that is easy to learn but nearly impossible to master. Think of chess as a game of trap. It's a battle of wits, direction and misdirect ion. Your goal is to trap your opponent's king. If you are up against a very goo d player then your goal may change to forcing a draw. You have to look at the ga me from every possible angle and direction, understanding all possible movements . There are some chess strategies for beginners that are useful for those who are just learning the game. Learning the game of chess is usually straightforward fo r everyone: learn how the pieces move; see how you win a game; and then practice by actually playing. Most often, players ignore any basic strategies and themes that have transcended the millions of games of chess played over the years. Jus t like any beginner chess player, a lawyer needs first to learn the basic strat egies of handling cases based on the jurisprudence which dictate the possible su ccess of the such cases. , Moving from the technical aspect of chess strategies for beginners is a mental s trategy. This mental strategizing is the same that a lawyer has to consider ever y time a case is at hand. As a beginner, one might be prone to frustration, str ess, and irritation at own folly. It is therefore needed to learn from one s own mis takes, but be patient because the beginner status will be gone in no time. A strategic approach to playing chess is the key if you want to be successful in playing this popular game. While you can play chess without understanding much about strategy, the more you can learn about the way chess works, the more chanc es you have of winning. Indeed, very similar to how the lawyer should approach

the controversy involved. The more he understands the case the better he can be come in playing the game of lawyering. Embraced in the concept and game of chess, there are thousands of different stra tegies and options for the different parts of a lawyer s profession. Only an expert who has studied law for many years can really understand all of the nuances of t hese different strategies, but there are some basics that can help even relative ly new lawyers. A. Strategies for the Opening Probably the most important part of the game, especially for beginners, is the o pening. In lawyering also, the initial action in a controversy is very crucial. If you don't open well, you could be ending quickly. In the beginning part of a game, you're just setting up your plan of attack. You shouldn't actually be attacking. Again, your movement should be balanced. Any move that a lawyer makes should al ways consider anticipating the consequent actions he has to undertake or that of his opponent. Avoid premature attacks. More new chess players get into trouble because they st art attacking too early probably than any other reason. B. A Strategic Approach in Playing Chess In addition to starting strong, you must continue to use strategy throughout the game if you are going to be successful. This means you really have to pay atten tion, not only to what your next few moves are going to be, but to what you thin k your opponent is up to as well. This may be the most frustrating aspect of chess for new players or of new lawye rs. Sometimes it can be very difficult to see that far ahead in the game to anti cipate attacks and make your move first. This is something that comes with a lot of practice and being able to know what to do without having to think so much a bout it. In the meantime, there are some things you can try that may help you with your c hess strategy. Don't attack your opponent before you have properly setup your d efenses. It's tempting, but usually a mistake. Look for holes in your opponent's defenses. This seems pretty obvious, but in th e beginning you may have to remind yourself that you're not just playing defense and you can actually attack as well. A lawyer as Rhetor Definitions: (1) A speaker or writer. (2) A teacher of rhetoric. To be more comprehensive, this paper focused on the more encompassing definition of what a rhetor is, that is A teacher of Rhetoric . In its broadest sense rhetoric i ncludes the following significant elements: 1. It is the study and practice of effective communication. By definition, communication is the process of sending and receiving messages th rough verbal or nonverbal means--speech (oral communication), writing (written c ommunication), signs, signals, or behavior. "The importance of rhetorical communication has been recognized for thousands of years. 2. The study of the effects of texts on audiences. "Text is a stretch of language, either in speech or in writing, that is semantic ally and pragmatically coherent in its real-world context. A text can range from just one word (e.g. a SLOW sign on the road) to a sequence of utterances or sen tences in a speech, a letter, a novel, etc." In other words, how these texts are conveyed to the readers or listeners to make them understand their substance is the bottom line of the lawyers duty. 3. The art of persuasion.

The use of appeals to reasons, values, beliefs, and emotions to convince a liste ner or reader to think or act in a particular way is another piece of art that a lawyer should master. Aristotle defined rhetoric as the "ability to discover the available means of pe rsuasion" in each of the three kinds of oratory: deliberative, judicial, and epi deictic. 4. An insincere eloquence intended to win points and manipulate others.

Eloquence means the quality of forceful, elegant, and persuasive discourse. Over the ages, authors have variously described eloquence as "words sweetly plac ed and modestly directed" (William Shakespeare); "a painting of thought" (Blaise Pascal); "the poetry of prose" (William Cullen Bryant); "the appropriate organ of the highest personal energy" (Ralph Waldo Emerson); and "the art of clothing the thought in apt, significant and sounding words" (John Dryden). "Since [Martin Luther] King was the ideal rhetor at a critical moment to pen the 'Letter [from Birmingham Jail],' it transcends the Birmingham of 1963 to speak to the nation as a whole and to continue speaking to us, 40 years later." "How next can we define the rhetor? Essentially, he is a man skilled in the art of rhetoric: and as such he may impart this skill to others, or exercise it in t he Assembly or the law courts. It is of course the first of these alternatives t hat interests us here; for . . . thesophist qualifies for the title of rhetor in this sense should one choose to describe him in purely functional terms." (E.L. Harrison, "Was Gorgias a Sophist?" Phoenix, Autumn 1964) Emerson on the Power of Eloquence "Him only we call an artist, who should play on an assembly of men as a master o n the keys of a piano; who, seeing the people furious, shall soften and compose them; should draw them, when he would, to laughter and to tears. Bring him to hi s audience, and, be they who they may--coarse or refined, pleased or displeased, sulky or savage, with their opinions in the keeping of a confessor or with thei r opinions in their bank safes--he will have them pleased and humoured as he cho oses; and they shall carry and execute that which he bids them." (Ralph Waldo Emerson, "The Conduct of Life: Fate," Dec. 22, 1851)

"Edward Cope recognized the cooperative nature of rhetorical argument in his cla ssic commentary on Aristotle, noting that the rhetor is dependent upon the audie nce, 'for in ordinary cases he can only assume such principles and sentiments in conducting his argument as he knows will be acceptable to them, or which they a re prepared to admit. Thus, a lawyer has to capitalize on his audience acceptan ce of his principles and sentiments. Conclusion The field of lawyering is highly competitive and infinite patience and hard work should go in before one might make a mark. It may take even decades before one can build up a reputation and all these years there cannot be much money to make . It is his worldly wisdom and fund of common sense-a mind that can see deep into men and matters and arrive at the truth with the speed of lightning. It is this that stands in good stead to make one a really great lawyer. It is this intrinsic capacity of the lawyer to twist matters that had earned him the name of a liar. It is true that a lawyer will always try to protect the int erests of his client. But nobody can build a solid structure without basis or fo undation, much less a lawyer on lies and false hood. It is the wounded and the w ronged that seek the hand of justice for protection and redress.

It should be the duty of the lawyer to bring hope and cheer into their lives and if he is capable of doing it he is doubly rewarded. Apart from the material suc cess it can bring him, he will feel a sense of fulfillment. But even when he tri es to plead for a suspected criminal, he will be free from the pricks of his con science as long as he follows the book. An ideal lawyer knows not only his duty but also his obligations. He also knows that it is better to acquit a dozen suspected assassins than to send one innocen t to the gallows and yet in this world where the wicked and the evil triumph, th e meek and the innocent need to be assured that there is something called poetic justice. Like a conscious writer, a conscious lawyer can never lose sight of his duty and obligations to the society. He may try to save a suspected criminal; mitigate t he suffering of a confirmed criminal and combine mercy with justice for it is th e attribute to God Himself, but he will never try to attest the stamp of legitim acy to the illegitimate and uphold injustice as justice. Bibliography Richard Nordquist, About.com Guide, Daniel Abraham Yanofsky, OC QC (March 25, 19 25 March 5, 2000) was Canada's first chess grandmaster, an eight-time Canadian Che ss Champion, a chess writer, a chess arbiter, and a lawyer. (James C. McCroskey, An Introduction to Rhetorical Communication. Prentice Hall, 1986), (Ronald Carter and Michael McCarthy, Cambridge Grammar of English. Cambr idge Univ. Press, 2006); (Martha Watson, "The Issue Is Justice." Rhetoric and Pu blic Affairs, Spring 2004)