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| The Mouth of Truth by Lucas Cranach the Elder, 1525-28 |
Truth is usually recognized as the principle
issue in virtue ethics and the law. It is the ground from which all other
virtues take nourishment, and without it whither and become meaningless. Indeed,
the very touchstone of all philosophy, and arguably the ultimate aim of the
law, is to ‘seek the truth.’ Yet in our culture and in the professional lives
of lawyers it is too often intentionally hidden to avoid conflict, cover up our
weaknesses, or to gain an advantage.
Yes, human beings lie, but should we?
Volumes have been written on the subject of
truth and lying, so we shall only touch upon the topic briefly here.
Nonetheless, it is a topic worth deep professional and personal reflection. We
hope you find the dialogue among Marcus and his students as useful as we do.
“Let no one deceive another" – the Buddha
Elizabeth:
“Maureen why are you so upset?”
Maureen:
"I’ve been dealing with lying lawyers lately. It’s so frustrating. Marcus,
what do you advise we should do about lawyers who habitually lie to us?"
Audrey: "I treat them the same way. I just don't tell them
the truth like I do with other lawyers. Do unto others…"
Jacob: "I tend to agree with you Audrey. I don't know that
they can be rehabilitated, nor is it my job to do so. I don't see any advantage
in treating them with honesty."
Marcus: "Maureen, your question raises a much broader, and
more important issue, is lying ever justifiable?"
Elizabeth: "Marcus you can't be serious; your question goes
too far. Virtually everyone lies about some things, some lying is necessary. It
is society’s open secret that everyone lies. We tell people they look nice when
they don't; we tell ‘white lies’ to avoid conflicts with friends, family, and
even strangers; we fudge our accomplishments to make ourselves look better. I
think this is generally known, and I don't think it's necessarily bad."
Marcus: "Lying is perhaps the most important issue that
we've discussed, or rather the virtue of truth is often thought to be the most
important of all the virtues. Why is this? Lying is the death of possibility.
Whereas truth gives the possibility of having better relationships, seeing
things more clearly, and of having a society worth living in."
Maureen: "That might be true in life, but not in practicing
law. At least not in dealing with certain lawyers. Unfortunately, I think we
regularly deceive one another with the belief it may give us some advantage. This
is especially enticing because sometimes it does.”
Jacob: "I think that's probably the purpose of all lying
Maureen. We think it gives us some advantage, some edge over another person, or
in our lives generally. In the practice of law, we too readily accept it
as part of our arsenal.”
Marcus: "Aristotle said ‘falsehood’ is in itself mean
and culpable, and ‘truth’ is noble and worthy of praise.’[1] Put more simply, all lying
is a form of betrayal. To this I would add that lying is not only the betrayal to
another, but to one's self. When we lie, we are not being true to ourselves, or
as others have put it, the person free from lying is free to be themselves in
every moment.[2]
More importantly perhaps, we benefit by telling the truth because it forces us
to pay attention to what is true in each moment. We do not have to clutter our
minds with trying to keep track of what we've claimed as true, and where we
have lied."
Maureen: "That is all fine and good Marcus, but it still
doesn't fully answer my question. I understand what you are saying, but don't
see the advantage in being honest with someone that I know is not being honest
with me."
Marcus: "Consider this possibility Maureen. What if you sat
down with that lawyer and told her that you're reluctant to be honest with her,
because you feel she is not being honest with you? A difficult conversation
perhaps, but it relieves you from the burden of having to lie and might even
cause the other person to reconsider their behavior.”
Audrey: "I've heard it said that one's quality of life
improves with the number of difficult conversations one is willing to have. I
think that is the case in this instance. So give it a try Maureen. What do you
have to lose?”
Elizabeth: "I agree. It might sound like a cliché, but if
communication is the key to good relationships, then lying is truly an
impediment. No matter whether lying takes place in our personal relationships
or professional ones. However, lying, whether white lies or not, seems to be
such an embedded part of our society and personalities, so much so that I'm not
sure we can overcome it, no matter how much we might want to."
Marcus: "I’ll agree that it makes sense from an
evolutionary standpoint that lying could aid us in survival. When we were part
of a small tribe, the key to survival was staying in everyone's good graces to
make sure we had sufficient food and shelter. Perhaps that is why it feels so
natural to regularly engage in minor acts of dishonesty. However, we no longer need
to cling to that belief. There is no valid argument for dishonesty in almost
any circumstance. We live in a large and vast society where it is much easier
to find like-minded people. It is worth quoting Aristotle at length here:
“Let us discuss… the
truthful man. We are not speaking of the man who keeps faith in his agreements,
...but the man who in the matters in which nothing of this sort is at stake is
true both in word and in life because his character is such.... For the man who
loves truth, and is truthful where nothing is at stake, will still be more
truthful where something is at stake; he will avoid falsehood as something
base, seeing that he avoided it even for its own sake; such a man is worthy of praise. He inclines rather
to understate the truth; for this seems in better taste because exaggerations
are wearisome.””[3]
Jacob: "How is it that the ancient Greeks saw the
value of truth in all things, and especially as the underpinning of a good
society, when today it seems as though falsehoods and lies are praiseworthy,
especially by our leaders? Can a society continue to function if truth is not
valued as a virtue?"
Marcus: "I am sure that Aristotle and the ancient Greeks
would say no. Yet we must admit that dishonesty is a part of our culture, but that
does not make it right. As the philosopher Spinoza said ‘a free man always acts
honestly, not deceptively. The free man is one guided only by reason, which is
universal; if reason allows for deception, then it would allow it always, and a
free and virtuous society would be impossible.”[4]
Maureen: "Our discussion has given me much to think about,
but first, I'm going to have that difficult conversation."
Audrey: "Wait. Marcus, you haven't answered the question of
whether lying is ever justifiable."
Elizabeth: "I think that's a question we each have to
answer for ourselves and in each situation. It's one that is vitally important
to our own lives, and to the society in which we live and work. As lawyers, we
also have to keep in mind the professional rules of ethics and out oaths as
attorneys. As attorneys in Florida we took an oath which included the phrase:
I will employ for the
purpose of maintaining the causes confided to me such means only as are
consistent with truth and honor, and will never seek to mislead the judge or
jury by any artifice or false statement of fact or law. "[5]
Honesty is the first chapter in the book of wisdom." - Thomas Jefferson
It is very important as an attorney to
zealously represent a client, however it is also important to keep up our own
integrity for our own well-being and that of our profession. This is especially
today where the term “fake news” is used as a self-evident truth by its mere utterance.
The law should stand as a place for reason, and you cannot have unvarnished reason,
without truth. It does our clients no benefit to hide facts from them, or the
other side, which may come out later to bite us and it’s impossible to know the
future. Temporarily gaining some advantage with a lie against an attorney will
come back to you when you want that attorney to be honest with you. So, let us
be better than our worst parts, and live truthfully in both our personal and
professional lives. Our society and profession depend on it.
References:
[1]Aristotle, Nichomachean Ethics, book IV.
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