Rufus Choate

Today I bring you the interesting story of Rufus Choate, known as a pioneer of modern legal practices.

He is regarded as one of the greatest American lawyers of the 19th century, arguing over a thousand cases in a lifetime practice extending to virtually every branch of the law then recognized. Notably, he was one of the pioneers of the legal technique of arousing jury sympathy in tort cases. 

The U.S. has a strange legal system. To a large extent it is based on who can argue best not the facts in the case.  Choate's claim to fame is was his ability to get the jury or judge to sympathize with his client. Such sympathy can easily override the facts. And justice. 

The best way to elicit sympathy is to present the client as someone the jurors and judges can identify with. Thing like race, religion, social status, and ethnicity all work pretty well for this. So does occupation, especially when a judge rules on the actions of a lawyer. 

I like civil legal systems such used by Scandinavian countries where the law is more clear cut and less open to interpretation than in common law systems such as used by the U.S. Interpretation always reduces equity. Such systems also have the added benefit be being much less expensive for the countries taxpayers.