The Gazette 1993

GAZETTE

WB R

!| ll»I i It i

GEM N

JUNE

1993

n i l

)JM)H4M

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.

"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

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?

Criminal Justice Act, 1993

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;

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