Attorneys are generally curious by nature, and of course zealous advocacy demands a comprehensive understanding of your client's matter. How far does a comprehensive understanding go, however, and what's the fastest way to get there? The simple question: “but why?” 

     When counsel first elicits why a specific course of action was chosen, the response will often be fact based. When followed up with a genuinely curious “but why?” the response will accelerate counsel's understanding of the client's motivation and/or intent. Responses to follow up “but why's” will thereafter reveal multidimensional responses serving to further fortify counsel's zealous advocacy arsenal.     

    Responses to “but why” questions reveal how your client/witnesses perform as a decision maker and grasp the responsibilities to which they have been assigned, as well as their judgment, values and ethics. This information further enables counsel to laud or prevent the further deterioration of the credibility of the client. The “but why” may disclose a client's misunderstanding of what can truly be achieved, result in the discovery of favorable information the client deemed unimportant, or reveal another cause of action or defense. A seasoned attorney - fueled by curiosity – is often applying the law to the facts as they spill out of the mouth of the client. Most importantly, well-informed counsel furthers serves the cause of a well-protected client.

    Conversely, when counsel fails to secure as much information from the client as soon as reasonably possible during the representation, counsel is often left to play catch-up. Often with a recalcitrant individual the big dig into the “but why” questions may be best left for consultations after trust is attained. But so as not to waste time and resources – there are no shortcuts – it takes time and effort to really know and understand what the client wants and needs. 

    Reinforcing counsel's understanding of intent and motivation with a thorough “but why” inquiry is never ever a bad idea. Let it be known that while there are instances where the information you hear might be so horrific that it gnaws at your soul, “I had too much information about my client and the case” said no attorney ever. 

       In conclusion, being doggedly curious coupled with the time and patience to conduct a very thorough inquiry early on in the representation serves the cause of zealous advocacy. This intricate inquiry makes one better counsel no matter what the case. Most importantly, the “but why” inquiry reduces the chance of any counsel having to ever declare at the eleventh hour “why did no one tell us that.”

Originally published in The Florida Bar's Out of State Division Publication, State to State. Used with permission.