CritelliLaw

CritelliLaw
Barristers and Trial Lawyers Iowa/New York/London

Thursday, November 04, 2004

Sometimes A Good Watch Dog Needs to Explain

There are some children's stories which leave a lasting impression on the adult reader. I remember one such story from my daughter's childhood. It was a folk tale about a watchdog who barks during the night to warn his owner of the approach of goblin-like creatures who seek to destroy the family home, dispatch the adults and "carry off the
little girl.” Fortunately for the family, the brave little dog's barking scares off the goblins and saves the family from certain destruction. Unfortunately for the dog, his master fails to understand the cause of the barking and thus views the barking as a disruption to his "sleep and slumber.” Eventually the little dog is unceremoniously dispatched at the
hands of his master. (I will spare you details of the dog's demise.) Predictably, after the dog's death, the goblins return and successfully destroy and plunder. The moral of the story: Don't kill the watchdog for doing his job.

My daughter always asked the obvious question: "Daddy why didn't the man heed the dog's warning?" Applying legal analysis to the story, it appeared to me that there are several reasons for the man's behavior. First and foremost, the dog's owner had forgotten why he needed the dog. Obviously at one time the man realized there were dangers lurking in the neighborhood. He must have also recognized the necessity of owning agood dog to protect his family and property. Of course as time passed, without incident, the man was lulled into a false sense of security. The dog had done such a great job guarding the home that man eventually forgot why he had needed the it. He also forgot the importance of the dog's bark.

Subsequently, when the dog did bark, the man failed to discover the cause of the dog's alarm. We know that it was the goblins whom caused the dog to bark. So logic dictates that either the man investigated the barking and found no evidence of goblins, or he failed to investigate all together, preferring to throw a blanket over his head and return to his "sleep and slumber.” Either way, the man was oblivious to the danger and to the role which the dog had played in dispatching the danger. He was only aware of the disruption which the barking watch dog created. His attention and energy were then fully directed at eliminating the bothersome bark.

Finally in an egregious error in judgment, the man chose to eliminate the source of the barking rather than to seek its cause. The goblins were now free to enter the property for the purpose of “pillage and plunder.” Thus the unfortunate man, his property and his family became the victims of the fallacy of watchdog reform. You know the old adage “if you can eliminate the barking watchdogs and you will eliminate the goblins who cause them to bark.”

What does this story have to do with the “Iowa Lawyer?” Lawyers have often been likened to societal watch dogs. How many instances can you think of where lawyers changed life for the better? Lawyers are employed to protect people, their property and their rights. Lawyers do not create the underlying behaviors which serve as the basis for lawsuits.

The watchdog did not create the “goblins” that he scared away. Yet, the legal profession is the first to be attacked when anyone perceives that the judicial system has disturbed their “sleep or slumber.” Our society often forgets, usually in conjunction with political campaigns, that lawyers did not create the conflicts which bring parties to court. So I rhetorically ask: “If we get rid of the lawsuits will we eliminate the underlying conflicts which need to be addressed?” I am not denying that there may exist better ways than lawsuits for dealing with some of the conflicts that people face. However, blaming lawyers and judicial system for the underlying problems is akin to killing the watchdog for barking.

Perhaps there is one other reason for the watchdog's demise. It could be that the watchdog was a victim of his own inability to communicate to his master the reason for his nocturnal barking. Unlike the ill fated dog in the fable, lawyers have the ability to educate those we protect. “Iowa lawyers can do!” We only need to have the resolve and courage to step forward and defend our function as societal watch dogs. Maybe then people will try to eliminate the underlying cause of the watch dog's barking. Then, perhaps, we can refocus attention on the things which do need to be changed. The Moral of the Story: A watchdog can be understood only when appreciated, and vice versa!

Joke of the Month

Did you hear the one about the contest between the engineer, the doctor and the lawyer? Each one thought that they owned the most talented dog.
They decided to hold a contest to determine the winner. On the day of the contest, the three appeared with their dogs.

The engineer's dog “Erector” took a large pile of bones and fashioned a model of a three-story building, complete with an elevator and accurate in scale.
The doctor's dog “Anatomy” assembled his bones into a perfect replica of the human skeleton.

Needless to say, the other two professionals were shocked when, early in the contest , the lawyer's dog, barking loudly, ran away. They were convinced that the lawyer's dog, knowing he was out-classed, had decided to abandon the contest.

The lawyer however calmly explained that while the other two dogs worked at their appointed tasks, his dog “Justice” was busy fending off the rest of the canine world who sought to disrupt the contest and steal the bones

posted by bbk | Thursday, November 04, 2004