Google ”LOVE LAW” and you will find articles about the law of love, a website for an attorney named Love, and loving endorsements on a lawyer´s website. Is there really room for heart and passion in the legal practice, though? Isn´t law really all about words, logics, black and white conclusions, based on indisputable facts, and the very opposite to the fluffy concept of love?
I will argue there is plenty of room for passion in law. Let me give you some examples.
1. Love Your Enemy
I used to work as a litigator for many years. I´ve seen numerous cases, where the only rational thing to do would be to settle a potential or actual dispute. This would, no doubt, have been the best way to cut the client´s losses. However, due to a passionate desire for revenge, or that justice be made, many clients found it hard to look at a dispute the way they would normally look at any other business case. If you tell the average CEO “You can choose to buy this new machine and it will cost you one million dollar; there is a 50% chance it will work, and you will make a two million dollar profit over time, but there is a 50% risk it won´t work, and you will then have lost both time and the money you spent” – she will probably say that this is a rather terrible idea – buying that machine is clearly a high-risk project, and the upside isn´t so big that it compensates for the high risk. But if you tell the same CEO: “You can choose to invest one million dollars in lawyer fees. There is a 50% chance you will win, and you will get two million dollars, but there is a 50% risk you will lose and you will have lost both time and the money you spent” chances are she will find the odds pretty ok, and decide to go for it. In these situations, it was my job as a litigator not only to argue my client´s case before the court, but to try to convince my client that she should maybe not love her enemy but at least let go of the hate she felt. Only by forgiving someone who hurt her, would she be able to see things more clearly and make a wise business decision.
2. Crimes of Passion
In murder cases, you will sometimes hear the ‘crime of passion’ defense. This basically means that the crime committed was no planned evil, but instead, it was committed in the “heat of passion.” In some jurisdictions, a successful ‘crime of passion’ defense may result in a conviction for manslaughter or second degree murder instead of first degree murder. A classic example of a crime of passion would be when the husband comes home early from a business trip, finds his wife in bed with the neighbor, and kills the lover with the nightstand lamp.
3. Partners as “Lovers”?
“Partnering”, “vested agreement” and “win win” have become trendy expressions in today´s contract negotiations. Don´t ask “What´s in it for me”, but “What´s in it for we”. Ok, so maybe “partners” don´t quite qualify as “lovers” – but they certainly have that strong bond and connection, and they look upon each other more like strategic partners than counterparties to a contract. Oftentimes the partnering agreement will regulate how the parties shall strengthen their relationship through teambuilding activities, and how they shall actively make sure they align to common goals that they both will benefit from. Transparency is key. Disputes will be solved not by arbitration or litigation, but through conversation and mediation.
4. The Love for Law
And of course, we also have the lawyers who are really passionate about what they do. I would say that both Olivia and I belong to that category. We can´t think of anything better than solving other people´s legal needs. We truly enjoy an hour long conversation around the intrinsic requisites of the “piercing the corporate veil” principle. Unless you are a passionate lawyer yourself, you should probably make sure you don´t seat us together at your next dinner party. Lucky enough for Sara she has learnt where to find our off button.
To all of you, from all of us – Happy Valentine´s Day! May it be filled with Love and Law (in that order).
