Perspective Matters: Lessons That Can Shape Outcomes

My mother recently moved out of her home of nearly six decades. As you can well imagine, there were many belongings that needed new homes. Of the most endearing were pieces of artwork that my father had created. By education and profession, my father was a chemist. However, we are now thinking maybe he was simply a frustrated artist who happened to have a Ph.D.

The Power of Perspective

I claimed quite a few of my father’s pieces and recently took them to get reframed. While embarking on this process, I am reminded of just how important framing an issue is in mediation or arbitration or litigation—much as it is when simply reframing a piece of artwork. The color of the mat matters (if there even is a mat), as do the dimensions of the mat and, of course, the frame itself, including its material and style. A simple sketch can become an impressive piece of art with the right mat and frame, just as a narrative about what may seem like a simple injury or breach of contract can grow to fill a canvas, explaining all of the effects one act can have. A lawyer who knows how to listen to their client and to translate how they have been impacted can elevate a drawing into a masterpiece.

The Art of Reframing

A very simple painting can take on a larger size, figuratively and literally, depending on how you frame it. So, too, can a legal issue. You must be careful to use the right color of mat that will bring the art to life rather than distract from it. The litigator who knows how to frame the legal issues will take care not to draw the attention away from the key components of the argument by using a distracting color (the wrong words, emotions or attitude) and allowing the viewer—whether a mediator, an arbitrator, a judge or a jury—to see what the artist wants them to see. The successful advocate can convince someone else to see the same picture they see and feel the same emotions they feel when they look at the artwork.

Embracing Diverse Viewpoints

I also found it useful to obtain more than one opinion on the composition of the mat and frame I had chosen. Before you display your artwork, so to speak, think about practicing your presentation on others to obtain different viewpoints. What might look great to your eye—or sound compelling to your ear—may strike someone else as offensive, irrelevant or confusing. Take advantage of different voices and use them to help you switch out different templates for what you might have had in mind originally. You will be amazed at how selecting a slightly different shade of the same color can completely change how you view something. Similarly, word choice and tone can completely change the message you are sending and how it may be perceived.

Context Is Everything

You also have to consider where the art is going to be displayed. The color of mat may work for the piece of art but clash with the color of wall on which it will be hung. In other words, consider the context in which your arguments will be made: Who is your audience? What is the political climate? How does your client define success?

Above my desk is a puzzle I had framed. As luck would (not) have it, a piece was missing, but it was a corner piece. I was able to conceal this missing piece by customizing a mat to cover up that hole. While I am not suggesting that you hide any flaws in your client’s case, there are ways of de-emphasizing a point that may not really matter to the overall picture. And sometimes, those smudges, creases and faded spots can add to the art, not detract from it.

Authenticity Wins Every Time

Finally, remember that people hate fakes. A drawing that is imperfect—but authentic—will sell better than a reproduction. Be true to yourself. Don’t try to imitate the great masters. Learn from them and then develop your own style.