Hercules and the Temperate Lawyer

The Choice of Hercules by Annibale Carracci, 1596

The second of Aristotle twelve virtues is temperance. Temperance is considered one of Plato’s and later, Christianity’s, “cardinal virtues,” along with courage, justice and prudence. Temperance is valued across virtually all cultures and religions. In America, when we hear “temperance,” we often think of the temperance movement, a movement promulgated by those who abhorred alcohol and likely fun. In his Charmides, Plato described temperance as a quietness or humility in the doing of one's own business and knowing of one’s self. In Eastern culture, it is probably best summarized by the venerable Lao Tzu, who said in the Tao Te Ching, “he who becomes arrogant with wealth and power sows the seeds of his own misfortune.”

Now let's listen in on our teacher, Marcus, and his colleagues as they explore the temperate lawyer.

"Though you can guess what temperance should be, you know not what it is" - William Shakespeare

Elizabeth: “You have often told us that we should have role models or heroes to model ourselves after. We talked about some of those in recent months. Who is your role model as a lawyer?"

Marcus: "Hercules, of course."

Elizabeth: "Hercules was not a lawyer so how could he be a role model? That's just silly. Is this another one of your jokes?"

Marcus: "No, Hercules is my role model as a lawyer. Stop your giggling and let me explain. As a young boy I read most of the classical stories about Hercules, and I'll share  one that demonstrates why he is my hero. Upon transitioning from boyhood to manhood, Hercules is confronted with the challenge of becoming his own master. He retreats to a solitary place to reflect on his life’s path. There Hercules is confronted by two women, one is the personification of 'Virtue,' the other, 'Vice' (the goddess of evil). They each advise Hercules on which road he should take. Vice offers to lead him on a delightful and easy path where he can enjoy every type of pleasure and pass through life without experiencing difficulties. On this road he will have no need to be concerned about the affairs of man and shall only spend his time considering which appetite to satisfy. This path is without toil or trouble. Virtue intercedes and shows Hercules a path which allows one to see things as they really are. Virtue explains that to attain what is excellent and valuable in life he must engage in labor, care and discipline, and  in doing so he would earn true happiness, which would reflect his own praiseworthy and honorable deeds. Hercules decides to choose the harder path presented by Virtue, requiring temperance, discipline and self-control, leading to the more meaningful rewards. Thus, Hercules becomes the captain of his soul and the master of his fate."

Maureen: "I don't understand. Are you suggesting that taking the more difficult road makes one more virtuous"?

Marcus: "No, I am saying we should be hesitant to take the road of indolence and enjoyment too readily. Think of your own lives. Have you found greater satisfaction in doing things which were immediately gratifying and enjoyable, or those which took effort and self-discipline to achieve? "

Jacob: "When I first entered college I remember the incredible sense of freedom with few responsibilities. For the first time in my life I had no one to answer to but me. There was "sex, drugs and rock 'n' roll" if I wanted them, and as much as I wanted."

Audrey: "Yes, of course, I remember having the same experience. How did you handle those temptations?"

Jacob: "Well, after getting a few failing grades due too much “freedom,” I decided to impose some sort of rules on myself by attending classes, doing homework, volunteering to tutor disadvantaged children, and only partying once those duties were satisfied. It wasn’t easy but developing that self-discipline enabled me to balance enjoyment with my long-term goals and aspirations."

Marcus: "So you decided to practice temperance?"

Jacob: "Well, not exactly, I still drank, and probably too much."

Marcus: “That is not the temperance I was referring to. I meant self-control from indulging in anything 'too much.'"  

Elizabeth: "Didn't the ancient Greeks consider temperance control over the passions?"

Marcus: "Yes, that is probably fair to say, but the idea of temperance, even for the ancient Greeks goes much further than that. For Aristotle, temperance governs the sensual pleasures, and while I am not doing him complete justice, he believed that one should live a life of moderation. Some define ‘temperance’ as  ‘moderation in action,’1 and I think Aristotle would agree with that.

Jacob: "Then I think I satisfied his requirements for temperance, I never enjoyed the sex, drugs or rock 'n' roll, except in moderation."

Audrey: "I’ll second that! But in all seriousness Marcus, how does one practice temperance in the modern world, and more importantly as a lawyer?"

Marcus: "I think it is fair to say that the lawyer’s code of ethics is a way of imposing temperance. After all, there are many restrictions on a lawyer's conduct, including those involving sensual pleasures. And in some states, such as New York, the ethical code once stated that a lawyer should be 'temperate and dignified'2 But apart from the ethical considerations, what is it about 'temperance' that makes one a better lawyer?"

Elizabeth: "When I think about a temperate lawyer, I think of Atticus Finch in To Kill A Mockingbird. At one point he tells his daughter Scout, “You just hold your head high and keep those fists down. No matter what anybody says to you, don't let them get your goat. Try fighting with your head for a change.” Throughout the book Atticus maintains a calm focused demeanor, no matter the circumstances. As lawyers, while our passion for doing justice should guide us, we do our best work when we stay cool, calm, and collected."

Maureen: "Yes, that is a good example of a lawyer embodying temperance, but how does one develop temperance in the practice of law? It is not always easy staying cool, calm and collected when you are opposed by an overzealous lawyer, or an inattentive judge.”

Marcus: “No it is not easy. Temperance is thought to be the most difficult virtue because controlling our passions is not natural or instinctive.  Some philosophers such as Thomas Hobbes argued that mankind is characterized by a ‘pitiless struggle among essentially selfish creatures.’3 But as we’ve previously discussed, most virtues are difficult but necessary in living a good life. So how can we practice temperance?’

Elizabeth: "I think of temperance as a form of balance or mindfulness. I recently listened to a podcast in which a retired Navy SEAL described staying calm amidst the chaos of warfare.4 It struck me that he was talking about developing mindfulness, because he was acting out mindful awareness rather than simply reacting to an extreme situation."

Jacob: "Yes, and we are often challenged to stay calm and not overreact when dealing with difficult lawyers, clients and sometimes judges.”

Audrey: "Until recently I found myself constantly stressed out by difficult bosses, lawyers, long hours and the day-to-day grind that too often characterizes my practice. It seemed as though I never had time for myself. A friend suggested I take up meditation to help me regain my focus. But "who has time for that?" I said. Finally, I relented. Now don’t laugh, but I started meditating, and it has helped me maintain more balance and focus in my life and my practice. I find I am less reactive and more measured in my professional interactions and work product. Maybe I'm developing temperance and didn't even know it."

Marcus: “Exactly. Isn’t it interesting how taking the time to do something you thought you didn’t have time for has improved your practice as a lawyer?”

Audrey: “Yes, I’ve started to notice that when I feel myself reacting to something, like a rude e-mail from opposing counsel, instead of firing off a response, I stop, and think, well, where is he coming from? Is there anything I did that would cause him to react that way?”

Elizabeth: “I see, so temperance in the law is not always the obvious, “don’t drink too much” or “don’t engage in sexual relations with your client,” but rather the quiet thoughtfulness it takes to be a good lawyer. In our practice we represent the interests of others, not the interests and rulings of our own emotions. We should be mindful of that even when others are lazy, unethical or angry. It is no excuse and not usually beneficial to our clients when we react in the same manner. In being more mindful and less temperamental we become better lawyers and better people. How often have we paused before reacting only to realize that in fact we made a mistake or maybe opposing party is having a bad day and taking it out on us?"

Marcus: “When we pause before reacting we often realize that we are acting out of some over-indulgence of the senses, that things are not exactly as they seem. Having temperance is certainly more than abstaining from worldly pleasures, it is striking that balance in moderation to avoid the pains that come from overreacting and responding to situations without thinking.”

"Those who do not observe the movements of their own minds must of necessity be unhappy." – Marcus Aurelius

Temperance is a cardinal virtue because moderating our behavior leads to personal and professional satisfaction. It binds the passions allowing us to see through the emotional fog that too often settles on our personal and professional lives. We admire Atticus Finch because he remains thoughtful and patient, whether dealing with his children, an unpopular case or the disdain of his community.  A mythical figure like Hercules inspires us to take up life’s challenges through self-discipline, enabling the mind to control the passions thereby achieving honorable goals.  These two examples of temperance help us recognize that we cannot separate our personal life from our professional one. Habituating temperance in our personal lives will inevitably make us better, and happier, lawyers.

Temperance is the wisdom to know that not every constructive job requires a hammer. - Wes Fesler

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[1] Niemiec, R. M. VIA character strengths: Research and Practice: The First 10 Years,  In H. H. Knoop & A. Delle Fave (Eds.), Well-being and cultures: Perspectives on positive psychology New York: Springer, 2013, pp.11-30

[2] New York Lawyer’s Code of Professional Responsibility, EC-1-5

[3] Ridley, Matt The Origins of Virtue: Human Instincts and the Evolution of Cooperation, 1998, p. 4

[4] Ferriss, Tim “The Scariest Navy Seal Imaginable… And What He Taught Me” The Tim Ferriss Show, http://tim.blog/2015/09/25/jocko-willink/ September 25, 2015, Accessed: March 17, 2017