The Gazette 1993

GAZETTE

WB R

I M N A GEM N JUNE 1993

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by Dr. Eamonn G. Hall, Solicitor

Why Smart People do Dumb Things

Intelligence is a precious commodity. We all like to think we are intelligent and gifted. However, we all know some barristers and solicitors, and some of our clients, when on occasions one may express the anguished cry: "How could he have been so stupid?" "How could he have said such a thing?" Why do smart people do dumb things? Mortimer R. Feinberg, chairman of a Manhattan consulting group in The Wall Street Journal Europe, December, 22, 1992, expressed some opinions in relation to this matter. This piece could very well be entitled "In Praise of the Average Lawyer and the Average Client." Mr. Feinberg gives an example of the manner in which the brilliant mind can subvert itself. This would never apply to a lawyer! A high-flying executive president of a television station in the United States arranged for a male stripper to perform at a high level conference. Among those not amused were US Defence Secretary, Dick Chaney and Rupert Murdoch, the executive's boss. Soon after the stripper departed, the executive was fired. Apparently, there are some well known signs when the brilliant are in the process of bypassing logic. Three of the most prevalent self-subverting mechanisms have been described as recklessness, isolation and feed-back deafness. Brendan Sexton, vice- president of the Rockefeller Group noted: "Smart guys get used to knowing more than anybody else. It's all too short a step from knowing more than anybody else to thinking that you know everything."

Criminal Justice Act gives additional powers to the courts to consider impact on victims So, there is the temptation to act in a manner in which others would call reckless. people generate some great ideas but also some silly ideas. Just because

something comes from a smart person, doesn't mean it is smart. In conclusion, to paraphrase Mr. Feinberg, when smart solicitors and clients are surrounded by a sound structure and are capable of listening intelligently to candid comment, they are, in effect, even smarter. Is there a moral here for all of us? The Criminal Justice Act, 1993, (No. 6 of 1993) came into force on May 3, 1993. The Act has three objectives: • to provide a procedure for the review of unduly lenient sentences; • to require courts, when determining the sentence to be imposed for a sexual offence or an offence involving violence or a threat of violence, to take into account any effect (including any long term effect) of the offence on the victim; Criminal Justice Act, 1993

"When smart solicitors are surrounded by a sound structure and are capable of listening intelligently to candid comment, they are in effect, even smarter." The value of experience cannot be over stressed. One commentator has stated that smart people tend to surround themselves with other smart people i.e. isolate themselves. That may be fine, but when the group starts relying on brilliance, to the exclusion of experience, difficulties may occur. Mr. Feinberg has also noted that some bright people are so impatient with their slower associates that they Find it impossible to listen to them. We all know that feed-back is essential. He or she who does not listen on a constant basis and heed the client suffers from feed-back deafness. We must all be prepared to listen.

We should realise that very smart

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