Lessons from Musashi-The Book of Earth

Gerry Spence uses the metaphor of a warrior for a plaintiff trial lawyer. Taking from Mr. Spence and the classic warrior treatise Musasahi’s Book Of Five Rings we apply Musasahi’s “martialist” advice to litigation and trials:

Develop Technique. The warrior first learns proper battle tactics so he can survive in a battle. The first step in becoming a quality trial lawyer is to develop proper technique. Develop technique by reading from trial masters, observing quality lawyers, and trying cases. A martialist knows technique must be instilled into the subconsciousness so it becomes instinctive. The ability “reveals its true identity to a warrior only when the ‘spirit of the thing itself ‘ feels comfortable as a vehicle for its own expression.” Musashi’s, Book of Five Rings (Translated by Stephen Kaufman. Hanshi 10th Dan) (1994) at 11.

Forget Technique. It may sound contradictory, but in battle the warrior forgets about technique. “Development of technique is essential to understanding of purpose. Once a specific technique has been understood, the warrior stops using it on a conscious level because in combat having a conscious identity imposes limitations.”  Id. at xi. The same is true in trial- believe, prepare, then try the case naturally as it develops.

Warrior Consciousness. The development of “warrior consciousness” is ongoing. “Only from a constant search from within, based on one’s own lifestyle, can the truth be known.” Id. at 5.  A trial lawyer must first know himself. Then, according to Musashi, to understand the qualities of successful trial lawyer, look for successful qualities in other professions. “To learn the sword study the guitar.” Id. at 6.

Rhythm and Timing. “There are good times and there are bad times for for everything.” Id. at 19. Musashi teaches when we understand time we also understand rhythm. To Musashi “[i]t is absolutely essential to understand the timing of Universal harmony.” Id. To restructure time we need an understanding and realization of the universe or else our substance will be infected with error and we will not be able to properly perform in battle. Id. This comes with constant practice with putting attention on intention. Always prepare “with timing and rhythm uppermost in your mind.” Id.

No Shame in Losing. Musashi teaches that death to a warrior is not necessarily shameful. The same is true for the lawyer who losses. Applied to a trial Musashi says many types of lawyers have lost-some for the right reason and some for the wrong. The only shame in losing is to lose for the wrong reason. According to Musashi there is no shame to a lawyer who loses after thorough preparation and giving his best effort without consideration for winning or losing.

Never Stop Learning. Musashi teaches a warrior who is an expert in his particular form is still subject to defeat. “It is doubtful that anyone truly understands the ‘real’ way of strategy, much less lives it.” Id. at 3.  Mastery is something we never stop seeking to obtain. Musashi believes when we think we know it all we should retire. The same holds true for a trial lawyer.

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