About those 80,000 hours...

     

 

  

               "When time is broken and no proportion  

kept!....I wasted time, and now time doth waste  

me."-Shakespeare, Richard II, Act 5, Scene 5

   

     Aristotle's ‘good life’ is guided by virtue. The virtues have been discussed in these blog posts, but how many of us guide our lives by them? When was the last time you reflected on them, or sat down over a beer or a glass of wine and discussed them with friends? Or asked yourself, ‘how am I doing?’ We rarely discuss living a ‘good life’ because we never take the time to define what that means for our individual lives. In the modern world few are interested in such things, not even you dear reader.  

     In truth, our society does not value reflecting on what it means to live a good life. Rather we are taught and told what it is. Go to school, get good grades, then a job, etc., etc. In between have some fun. Near the end maybe you’ll have a little money so you can sit around accomplishing nothing while waiting to die. So if you do not define your ‘good life,’ it will be done for you.

     Socrates said “the unexamined life is not worth living.”[i]  Socrates offered these words as his defense for charges of ’impiety and corrupting the youth’ while practicing philosophy on the streets of ancient Athens over 2400 years ago. He was found guilty and sentenced to death for questioning how Athenians were living their lives. (Such inquiries have rarely been encouraged, even today.)  Unlike Socrates, our physical lives are not at risk for philosophical self-examination, for holding ourselves accountable to living a ‘good life,’ but we rarely do so. And yet we readily accept being accountable to others.    

     Lawyers, as well as other professionals, are accountable to their employers and clients for their time in order to be compensated. Indeed most professionals will ‘log’ about 80,000 hours on average (totaling 9 years) during their working lives.[ii] These time ‘logs’ are useful for getting compensated but nothing more. If someone picked up all 9 years’ worth and read them they would learn virtually nothing about who the person was, what they thought, or whether they had lived a ‘good life.’ Logging 9 years’ worth of time offers little towards determining whether or not you are leading a ‘good life.’ To do that requires reflection.  

     The Stoic philosopher Seneca wrote “I will keep constant watch over myself…and will put each day up for review.”[iii] Seneca defined his ‘good life’ by living according to Stoic philosophy.  At the end of each day he would take a few minutes to hold his life up to account, to reflect on whether he was being true to himself, living the life he chose. When this activity is suggested the usual refrain is ‘I'm too busy’ or ‘I don’t have time.’ Of course this is often said by those who will spend 2 days, 22 hours and 18 minutes watching Game of Thrones, or checking social media throughout their ‘busy’ day.[iv] 

     Have you wasted time? Imagine looking over your past through time’s distant mirror and seeing all the wasted time piled up. Those ‘piles’ represent your then future self. The self that wasn’t. You owed that wasted time to your future self to develop a philosophy of life, then to hold yourself to account, and to put your life up for regular review. Don’t let another day, week or month get added to the mounds of time you have already wasted by not setting goals and standards for directing your life. Aristotle said “you cannot judge a [persons] life until it is completed.”[v] So if you are reading this it is not too late to define your ‘good life,’ and to begin living it.

    

 

 

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[i] Plato, The Apology

[ii] 80,000hours.org

[iii] Seneca, Moral Letters, 83.2

[iv] https://www.komando.com/downloads/binge-watchers-find-out-how-long-your-show-will-take-to-finish/469781/; on average the daily time spent on social media is 144 minutes a day; The Roman Emperor Marcus Aurelius ruled over the greatest empire of the ancient world and yet found time to reflect on his daily activities, to hold himself to account. These personal journals were kept for the purpose of self-improvement and for reflection on living his life according to Stoic philosophy.[iv]  He was loyal to this daily habit even while on military campaigns.               

https://www.broadbandsearch.net/blog/average-daily-time-on-social-media.         

[v] Aristotle, Nicomachean Ethics, 1097b-1098ai9. Aristotle understood that our decisions, how we live our lives, has ramifications beyond out mortal lives, and thus a life might not be ‘complete’ until well after death. Or as Russell Crow said in the movie Gladiator, “what we do in life, echoes in eternity.” https://www.youtube.com/watch?v=CDpTc32sV1Y

Painting, Aristotle with a Bust of Homer, Rembrandt

You won the lottery, now what?

     

             “People are frugal in guarding their personal property, but as soon as it comes to squandering time they are most wasteful of the one thing in which it is right to be stingy.”

 

     One in 400 trillion. Those are the odds of you being born.[i] You won the biggest lottery of all time the day you were born, but no one told you. Then consider that many cosmologists contend that there is no evidence for other intelligent life in the universe. You won not only the greatest lottery on earth, but in the entire universe. So what have you been doing with the winnings-the time of your life?  Have you been squandering it like so many state lottery winners?

     Abraham Lincoln reportedly said “a lawyer’s stock in trade is [her] time.” He could have said that about everyone, not just lawyers. All we ultimately have in this life is our time, and how we choose to spend it. In the end it might seem that our lives were all too short, but as the Roman philosopher Seneca wrote 2000 years ago:

           “It is not that we have a short time to live, but that we waste a lot of it. Life is long enough, and a sufficiently amount has been given to us for the highest achievements if it were all invested. But when it is wasted in heedless luxury and spent on no good activity [binge watching Netflix?], we are forced at last by death’s final constraint to realize that it has passed away before we knew it was passing. So it is: we are not given a short life but we make it short, and we are not ill-supplied but wasteful of it…Life is long if you know how to use it.” [ii]

      It is our life so we have the moral obligation to decide how to spend the time of our life. Unfortunately, too many of us rarely if ever reflect on how we should spend it. Instead, the lottery winnings are mindlessly frittered away day after day, week after week, year after year.[iii] We unwittingly treat each passing moment the same, as if they are all of equal value, but they’re not. Each day, week, month and year we spend makes the next, of necessity, more valuable, because our life and the projects we fill them with, are finite.[iv] Yet we tend not to treat them that way.  We live habitually, not mindfully.

     In his thought provoking book, This Life: Secular Faith and Spiritual Freedom, Martin Hagglund places our life choices in terms of what it means to be a free human being:

        “….we are free because we are able to ask ourselves what we ought to do with our time. All forms of freedom-e.g. the freedom to act, the freedom to speak, the freedom to love-are intelligible as freedom only insofar as we are free to engage the question of what we should do with our time.”[v]

To live freely requires that we confront the moral challenge of choosing how to spend the time of our finite lives. If you do not feel free, perhaps it is due in part to not reflecting on this profound question. Consider that the one thing that truly “belongs to each of us is not property or goods, but the time of our life.”[vi] Certainly, reflecting on this is worth some of your time?

   

 

 

 

 

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[i] https://www.theepochtimes.com/scientists-calculate-the-probability-of-your-existence_787114.html

[ii] Seneca, On the Shortness of Life

[iii] To get a vivid look at the calendar of your life see Tim Urban’s startling look at the brevity of your time: https://waitbutwhy.com/2014/05/life-weeks.html

[iv] Martin Hagglund, This Life: Secular Life and Spiritual Freedom (2019)

[v] Id. at 23.

[vi] Id.

Painting, Salvador Dali, The Persistence of Memory

Virtue in the Time of a Pandemic

I judge you unfortunate because you have never lived through misfortune. You have passed through life without an opponent-no one can ever know what you are capable of, not even you. - Seneca

     This Blog Spot began as an exploration of how Aristotle’s twelve virtues apply to the practice of law. In point of fact, however, Aristotle’s virtues were meant as a guide for leading a “good life.” Aristotle’s touchstone for what constitutes a “good life” was the ancient Greek notion of “eudaimonia”, which is often translated as “happiness” or “flourishing.” Eudaimonia is derived from the Greek words for ‘good’ (eu) and ‘spirit’ (daimon). So for Aristotle leading a ‘good life’ involves developing a ‘good soul.’

     Aristotle’s “good life” is achieved by living virtuously. That is, the ‘good souls’ are those whose lives are guided by virtues such as “courage” (doing what is right under difficult circumstances), “temperance” (throttling emotions by showing restraint and self-control), “liberality” (being charitable and generous, i.e. being kind), etc.  Of his twelve virtues these three are especially relevant during a pandemic. Why?

     In our humdrum everyday lives we are not often compelled by circumstances to exhibit courage, self-restraint, generosity and charity. On a typical day most of us might not have the opportunity to practice these virtues. The great Stoic philosopher Seneca wrote:

     “Misfortune has a way of choosing some unprecedented means or other of impressing its power on those who might be said to have forgotten it….Since it is unfamiliarity that makes a thing more formidable than it really is, this habit of continual reflection [on the travails that will befall us] will ensure that no form of adversity finds you a [completely unprepared]. “

Indeed, recognizing this the Stoic philosophers would intentionally put themselves in challenging situations to prepare themselves for the “hard times” they knew life would inevitably and unexpectedly present. In this way they could practice virtuous behavior in the “good times” to be able to live by them during the “hard times.”

     The Stoic philosophers also recognized, however, that even without mental training for life’s unexpected events, we could still use the “hard times” to burnish our virtues. As the philosopher and Roman Emperor Marcus Aurelius said: “Just as nature takes every obstacle, every impediment, and works around it-turns it to its purposes, incorporates it into itself-so, too, a rational being can turn each setback into raw material and use it to achieve its goals.” So to what good can we put our experience of the Covid 19 pandemic? What lifelong goals can this unprecedented experience help us achieve? Can we use this unique challenge to make us and our community better, more virtuous? Aristotle would say ‘yes.’

      Aristotle famously said “man is a political animal.” He did not mean by this that we should actively participate in politics. Rather, he believed that humans could only flourish, i.e. achieve “eudemonia”, as part of a close knit community that agreed on certain rules and customs, or as the Greeks termed it a “polis.” You can think of the modern “polis” as a series of concentric circles consisting of family at the center, then friends and neighbors, our work environment, and the community in which we live.  Importantly, it is only as a member of a polis that we can act virtuously and achieve being "good souls." With this view in mind we can see that finding it within ourselves to show self-restraint, act courageously and charitably has the potential to make us “good souls” while also enabling those in our “polis” to flourish. Thus, living in the time of a pandemic has given us the opportunity to practice our virtues, to be better members of our polis, and to become "good souls."
It is up to each of use to take advantage of this rare opportunity to be challenged, to become better, and to bring us ever closer to achieving the "good life."

        

Painting, Edward Hopper, Morning Sun

Capturing Your Life

"In the diary you find proof that in situations which today would seem unbearable, you lived, looked around and wrote down observations, that this right hand moved then as it does today, when we may be wiser because we are able to look back upon our former condition, and for that very reason have got to admit the courage of our earlier striving in which we persisted even in sheer ignorance." —Franz Kafka, The Diaries 1910-1923

      Does it feel like you have more time right now? Your life has slowed down a bit. Not so many social obligations to soak up your ‘free’ time. What are you doing with this supposed ‘free’ time? Binge watching Netflix, checking social media more often, or just sitting around figuring out what to do next.

      

      No matter what it feels like, you do not have more ‘time’. In fact each day you have less time. Less ‘life-time.’ We are each allotted only so much ‘life-time.’ The irony is we don’t know how much. Yet we act as though our ‘life-time’ will never end. We use it up as though it is free and unlimited. It’s not. Each day that passes is one day less that we have. One day we will never get back.

      

      So how did you use that day? Yesterday. Do you remember? How about those seven days last week? Last month? Last year? You’re not getting them back. They’re ‘spent.’ Gone forever.Yes, whether you realize it or not the most valuable thing you have is ‘time.’ And you only have so much to ‘spend.’ You can’t save it. You can only ‘spend’ it. And every moment once spent is gone forever. And one day too, so is your life. You probably don’t want to think about that, but you should. There will come a last time for everything. The last time to enjoy your favorite meal. The last time to hear the voice of someone you love. The last time you will have the opportunity to be kind, to forgive, or tell someone you love them. Yes, there will be ‘the’ last time for everything in our lives. We just don’t know when.  

      There is a way to capture the ‘time’ of your life, however. To hang on to some of it. To weave it into a tapestry. And that is to write about it. Not all of it. Not every moment of course. But just enough so perhaps you remember more of it. A way to learn about who you are from the way you spend your ‘invaluable’ time. Keeping a journal of your life allows you to remember what was important, what you thought, what you did, what you accomplished, and who you spent time with. Keeping a journal helps to reflect on who were, who you are, and who you are becoming. The habit of keeping a journal might even help you appreciate that some things you did yesterday may never happen again.

     

     The Stoic philosophers were keenly aware of the fleeting nature of our existence, and that we do not live our lives consistent with this unwavering fact. Their principles of ‘time’  awareness can be summarized as follows:

1.    Momento mori-remember that you are mortal and will someday die;

2.    Time is more valuable than possessions, treat it that way;

3.    Say NO to things that don’t matter;

4.       Reflect on each day, so you can live the next more fully;

5.       Nunc ea facere-prove what you can do here and now[i];

6.       Carpe diem, quam minimum credula postero-pluck the day, trust as little as possible that you will have tomorrow.[ii] 

      

      So now that you have more ‘free’ time, capture some of your life. Before its gone.

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[i] Cited by philosophers Marx and Hegel, both of whom were obsessed with the notion of ‘time’ and its value. 

[ii] Horace, Roman poet. The Romans used ‘carpe diem’ as a way of saying “Do it now.”

    References

1.       Ryan Holiday, The Daily Stoic

2.       For more on journaling start here: https://dailystoic.com/journaling/

    Painting: "Dear Diary", Benjamin Casiano

The Gift of Sitting, Alone

                                     

“All of humanity's problems stem from man's inability to sit quietly in a room alone." -French philosopher Blaise Pascal, circa 1600s. 

  The Covid 19 pandemic presents each of us the rare opportunity to find out who we are and who we want to ‘become.’ To sit quietly by ourselves, and not be anxious about the silence. This is difficult. The human animal is a social being, and not comfortable being alone. Thus, ‘social distancing’ is not only an experience we’ve never had, it is contrary to our very nature.[i] The life you were living, the ‘person’ you were in the process of ‘becoming,’ has been put on hold.

   So now you have been granted ‘time’ to reflect on who that ‘person’ was. In other words, at any point in time we are ‘becoming’ someone. A friend, a lawyer, a parent, a sibling, etc. But have you ever had sufficient time to reflect on what that means? Now you can, and should, but probably won’t. Instead you are probably ‘anxious’ to get back to where you were, who you were ‘becoming.’ (‘Just get me back home’ as Dorothy pleaded in the Wizard of Oz). 

   That ‘anxiety’ is your ego not knowing what to do because it is no longer ‘in control.’ It has difficulty not being in charge, not being ‘seen’. Not being affirmed by your social and professional surroundings. Those ‘surroundings’ have temporarily been left ‘open.’ You have some unexpected freedom from your psychological boss, the ‘ego.’ Will you take advantage of it?

  Looked at in this way, you have been given a great gift. Accept it and you can reflect on the ‘person’ you were ‘becoming’, and more importantly on the ‘being-to-come.’ Who was that future person ‘coming-into-being’? Do you know?  Do you want to know? Well, now is your opportunity. You are no longer ‘surrounded’ by the milieu that tends to mold you. 

  In the end all we have in this brief life is our time, how we decide to ‘spend’ it, and those decisions define the ‘being-to-come’. We are not a static ‘beings’, rather we are always consciously (mindfully) or unconsciously (mindlessly) in the process of ‘becoming.’  And the process of ‘becoming’ is a lifelong project that only ends with our death.

   We are all potentially ‘works of art’ that are never finished. Yes, works of art. No two alike. All potentially beautiful, inspirational, exemplary of what it means to live a meaningful life. But that will not happen by accident. 

  

  Your gift? Some ‘time’ to sit ‘quietly in a room alone’ and reflect. Reflect on your life. Reflect on who you were ‘becoming’ and on your ‘being-to-come’. 

Savor it.

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[i] The ‘availability heuristic’ is a behavioral trait that makes it difficult for humans to expect and deal with rare events that haven’t occurred in our lifetime or are without precedent.

Painting, Eleven, A.M., Edward Hopper, 1926.

Leisure

                                  Leisure-More valuable than work

Many surveys suggest that lawyers suffer from depression, drug abuse and alcoholism at a higher rate than the general public. We could guess at the reasons, but it likely comes down to being overworked. Abraham Lincoln said that "time is the lawyer's stock in trade." Therein lies the issue. How can lawyers both sell their valuable time, but also keep enough of it to enjoy life? Let's listen to Marcus as he guides the discussion about Aristotle's view of ‘leisure.’

"Recreation is not a secondary concern for a democracy. It is a primary concern, for the kind of recreation a people make for themselves determines the kind of people they become and the kind of society they build."-Harry Allen Overstreet, American philosopher

Audrey: "Where is Elizabeth? Isn't she going to join our confab today?"

Maureen: "I don't know, but we need to get started. I have to get back to work soon."

Marcus: "Elizabeth won’t be joining us today, she's too busy."

Jacob: "We are all too busy Marcus. All of us but you. You seem to have endless hours for doing what you want to do, versus what you have to do. Perhaps that's the benefit of getting older."

Audrey: "I think Jacob's right Marcus. The only reason I admire you is because you seem to be free to do what you want, and I'm not. Of course, I also admire your wisdom."

Marcus: "When I was a young lawyer, I was also too busy. I remember going for more than a year without reading any book outside of the law. It was only when my mentor admonished me to read, that I got back to enjoying some of the things that I did before I began practicing law. I began by reading what some of my favorite philosophers had to say about the importance of leisure, beginning with Aristotle, then moving on to Bertrand Russell.”

Maureen: "Did Aristotle consider leisure one of the virtues?"

Marcus: "No, but he did consider it one of the highest ideals for human activity and happiness. While Aristotle recognized the necessity of working to sustain oneself, and one's family, he also considered work the means to further the leisure activity that helps us to develop our full potential and thus our happiness. In other words work is not an end in itself, but a means to further the time we have for leisure activity. Our word leisure comes from the Latin verb ‘licere’ (to be allowed). In other words, leisure is the time you have to be free from the requirement to work and to choose how you spend it. Aristotle used the word ‘schole,’ which originally meant the time you could call your own and gave rise to our word "school." The ancient Greek philosophers believed that leisure was the basis for intellectual activity."

Audrey: "Well I sure am looking forward to when that day arrives. For now, it seems that my days are filled with nothing but work, with very little time left for recreation or leisure activities.”

Jacob: "I have to agree with you Audrey, even when I do have free time, it is taken up with doing the other things I need to do. I buy groceries and do other menial tasks, or passive activities like watching sports or mindless entertainment.”

Marcus: "Perhaps you are not using your leisure time wisely. For Aristotle, our leisure time must be used purposefully. For it is in the activities that we choose to do, and people we choose to spend time with, that help us to develop our full potential. Your leisure time is wasteful if you do not use it purposefully. As someone once said, ‘do not be ashamed of valuing your private life more highly than you do your work life.[1]’"

Maureen: "What type of activities did Aristotle consider to be most purposeful in using one's leisure time?"

Marcus: "Aristotle believed that literature and theater could offer us the best use of our leisure time. It not only serves to entertain us, but educate us. Indeed, for Aristotle a work of art is of high quality only if it can do both. Otherwise it is not a good expenditure of our time."

Jacob: "Marcus, were you able to find sufficient leisure time when you were a young lawyer? If so, how did you go about it?"

Marcus: "First, let me admit that it was not easy, but I started by prioritizing how to value my leisure time. I began reading every day, even if it was only for 10 minutes. And I decided to spend less time on passive activities, and more time recreating myself.”

Audrey: "What do you mean recreating yourself, Marcus?"

Marcus: "The word recreation, is derived from ‘re-create.’ So, if you think about your recreation time, as the time you can re-create yourself, you tend to use it more wisely. I came to realize that while my profession was as a lawyer, I had many other interests and goals far beyond practicing law. I started to give those some priority. By doing so, you lay the foundation for building a happy life, as opposed to just a successful life."

Maureen: "But isn't a happy life and a successful life the same thing?" 

Marcus: "No. I discovered that it was better to measure my life not by how successful I was, but how useful I was.[2] While being successful is important, it is oriented towards the self, being useful is orienting activity towards the world you inhabit. That includes your family, friends and the society in which you live. Re-creating yourself is merely the art of cultivating good values by spending your leisure time wisely, which enriches your friends, family and the society in which you live."

"Good nature is, of all moral qualities, the one that the world needs most, and good nature is the result of ease and security, not the life of arduous struggle." – Bertrand Russell

There are many reasons why our modern world places an emphasis on work and making money, but they are not grounded in achieving Aristotle's greatest good, which is happiness. Our society’s focus on work and efficiency has spilled over into our daily lives. We no longer value the ‘capacity for lightheartedness and play.[3] Too much of our time is spent on acquiring money for things we don't need, and that do not enrich our lives. Studies have regularly shown that once we acquire enough wealth to provide for our necessities and our families, happiness is does not come from the excess.

In his essay, In Praise of Idleness, Bertrand Russell writes “the modern man thinks that everything ought to be done for the sake of something else, and never for its own sake”. He goes on to write that “the advantages of leisure give ordinary men and women the opportunity of a happy life, making them more kindly and less persecuting, and less inclined to view others with suspicion.[4]" Aristotle would agree.

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[1] Diana Athill, An Editor’s Life.

[2] Attributed to Peter Drucker, the father of modern management theory.

[3] Bertrand Russell, In Praise of Idleness, p. 24, Simon and Schuster edition

[4] Id. at 29.

References: Edith Hall, Aristotle’s Way-How Ancient Wisdom Can Change Your Life, Ch 9 (which inspired this blog post).

Bertrand Russell, In Praise of Idleness (an essay I’ve returned to for inspiration for over 30 years).

Painting: Leisure Hours, by John Robertson Reid

Truth: The Keystone Virtue

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:

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[1]Aristotle, Nichomachean Ethics, book IV.  

[2]Harris, Sam, Lying, p.31.
[3] Aristotle Nichomachean Ethics, Bk IV, ch.7.
[4] Spinoza, The Ethics, Bk IV.
[5] Oath of Admission to the Florida Bar