“We’ll fight for you,” “Fighting for what you deserve,” “I’ll fight for you” and similar attorney solicitations bombard our airways, billboards and commercials.
Lots of fighting. Attorneys in suits scrapping on the floor of the courtroom? So much fighting.
If you need legal representation, it’s like all you need is to hire wrestlers, boxers, or martial artists with law degrees to guarantee a win.
Imagine a courtroom where the fittest and angriest lawyers win cases and the meek and thoughtful bow their heads in shame as they slink away.
Forget about gathering facts, investing in preparation, or using the law to win a case. Promoting aggressiveness is what many consider when selecting counsel. That is why for decades these ads persist and run day and night.
There is a funny but true saying among lawyers: ”If you have the facts on your side, pound the facts; if you have the law on your side, pound the law; if you have neither the facts nor the law, pound the table.”
Judges are not stupid. Jurors are not stupid.
Pounding the table can get one disbarred and an aggressive demeanor does not equal winning in the courtroom.
Adjudications are process-driven, fact-based conclusions. Attorneys, regardless of how well they might fight or exert passion, are simply the messengers.
Working on a daily basis with attorneys and case preparation for 30 years, I can tell you that organization, thoroughness and searching out the evidence is what wins cases, not aggressive courtroom conduct or expressed passion.
The same concept is true about military warfare.
Despite what Secretary Pete Hegseth promotes, like beating one’s sword on a shield and growling like a wolf “with the warrior ethos,” machismo does not win wars. Organization, preparation, resources and effective training promote military advantages that bravado and charisma fail to achieve.
I am not the only combat veteran who will tell you this.
Effective governance is the same. Organization, efficiency and administrative competence on the behalf of the people characterizes good governance.
Similar to the many law firms that promote that they love to “fight,” politicians frequently promise “leadership.”
“Strong leadership,” “Proven leadership,” and “We need a leader” are recent slogans that promote a promise of good stewardship, but many of these campaigns fail to describe leading us to where.
Many voters it seems are a bit on the dim side. Statistically, recognize that half the voters have an IQ that is below average.
This just-concluded election primary caused me worry about whom our “simple-minded” electorate would choose in the run-offs in November. Catchy slogans, aggrieved victims’ impassioned complaints, demeaning insults, and perpetuating false allegations often tend to overshadow those exuding logic, calm leadership and wisdom.
Our two final nominees for governor, to my relief, seem to embrace those that show some competency.
First, full disclosure: I know gubernatorial nominee Xavier Becerra and have worked with him and his staff over the years.
Becerra’s campaign slogan is “Build, Protect, and Lead California.”
Becerra is thoughtful, intelligent and an experienced government official. He does not scream, pound the table, insult or demean others, brag about himself, boast about his riches, or complain that he was victimized.
Becerra’s campaign web site highlights “to make sure that California keeps rising – that we’re building our economy while working hard to protect your rights and freedoms in the state we love.”
The Republican nominee Steve Hilton in many ways seems also to reflect a degree of intelligence and professionalism.
With a net worth at least $75 million, he nonetheless appears down to earth and not so entitled, as our vanity-obsessed president, for example.
Hilton’s campaign slogan is “Make California Golden Again.” A bit MAGA-esque, but this message connects with the “way it used to be” crowd and will likely resonate with many conservative voters.
Hilton’s aspirational messages are: “Reduce taxes for workers and end the bureaucratic war on business,” “Restore the California Dream of a single-family home for every family,” and “Ensure that 100% of students meet state math and English standards.”
Of course, not every family deserves or wants a single-family home and not every student, to include those on the spectrum or second language learners, will all score 100% (unless the test is too easy). But the focus on education and working-class home affordability appear to be noble representations.
Let’s hope the race for governor will be more about ideas and how we get there, and not about who is the better fighter or who is more macho.
Jonathan Kraut directs a private investigations agency, is the CEO of a private security firm, is the CFO of an accredited acting conservatory, is a former college professor and dean, is a published author, and is a Democratic Party activist. His column reflects his own views and not necessarily those of The Signal or of other organizations.
