Trial by Nature #7 – Sometimes It Is Better To Stay In The Background

Camouflage is an art as much as it is a form of survival in the wild. It is a skill equally utilized by predator and prey.

The octopus is a master manipulator of camouflage. It can change color and texture in less than a second. They have advanced eyesight. They are limber enough to fit into the smallest crevices. Best of all, they are super smart and keenly intuitive.

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Unlike the wily octopus, trial lawyers often have the instinct to be seen. We often fail to analyze the power of subterfuge or selective presence. This is a mistake. At times, listening can be more valuable than being heard. Being seen can attract unwarranted attention. While "the squeaky wheel gets the oil," sometimes "the nail that sticks out gets hammered."

If you are counsel for one of several defendants, contemplate your role. Is your client the target? Would it be better to blend into the background like the resourceful octopus? Will blending in...