The Bard and the Bar Shakespeare for Lawyers

• Publication year: 1997
• Pages: 42
• Citation: Vol. 66 No. 02 Pg. 42

Kansas Bar Journals Volume 66.

66 J. Kan. Bar Assn. February/March, 42 (1997). THE BARD AND THE BAR SHAKESPEARE FOR LAWYERS

Journal of the Kansas Bar Association
February/March, 1997

THE BARD AND THE BAR: SHAKESPEARE FOR LAWYERS

Roger W. Badeker [FNa1]

Copyright (c) 1997 Kansas Bar Association; Roger W. Badeker

When asked what books they would select if marooned on a desert island, most educated people will include Shakespeare on their list. Shakespeare has something for everyone. This includes lawyers, who will see something of their clients and their problems in his works. What is more, it is interesting to consider how a good lawyer might have improved life for a few of the principal characters in some of Shakespeare's tragedies.

First, consider Shylock, the Venetian money lender.

*43 A fool for a client

As you may recall, Antonio, a merchant of Venice, borrowed 3,000 ducats from Shylock and gave his bond. At the forfeiture hearing, Shylock should have smelled a rat when Portia, disguised as a man and serving as judge pro tem, started rhapsodizing about the "quality of mercy." Already admonished by the duke of Venice to show mercy and not enforce the terms of his bond allowing him to take a pound of flesh, Shylock sticks to his vengeful plan against the merchant Antonio. It is obvious that he has an obsession that goes far beyond mere recovery of money. [FN1]

Portia gives Shylock his last chance to change his stand as she delivers her mercy speech, which includes the ominous warning:

Though justice be thy plea, consider this: That, in the course of justice, none of us Should see salvation. We do pray for mercy; And that same prayer doth teach us all to render The deeds of mercy. [FN2] Oblivious to all he has heard, Shylock insists on the terms of his bond. No amount of gold offered by the debtor's friend will deflect him. Initially concerned by the youthful appearance of the judge (Portia), Shylock revises his opinion as the judge makes comments regarding the law and the language of the bond that appear to favor Shylock. Filled with anticipation, Shylock pronounces him(her) "A Daniel come to judgment!" and makes other flattering comments. [FN3] But beware the judge who speaks too favorably of your cause. It can be the prelude to disaster, as it is with Shylock. After some questions about a set of scales, a surgeon, a knife and other details connected with the removal of of a pound of flesh from a living body, Portia points out a devastating omission in the language of the bond as she says:

Tarry a little; there is something else. This bond doth give thee here no jot of blood; The words expressly are 'a pound of flesh.' Take then thy bond, take thou thy pound of flesh; But in the cutting it if thou dost shed One drop of Christian blood, thy lands and goods Are by the laws of Venice confiscate Unto the state of Venice. [FN4] Further informed that he must take exactly one pound, no more nor no less, Shylock is willing to take only his principal and leave. But it is too late. He is deemed to have made an attempt to take the life of a citizen and his goods are forfeit--half to the debtor and near victim, the other half to the state. Shylock is left destitute, but the duke spares his life.

It is incredible that Shylock, a rich money lender, should be ignorant of this harsh law or guilty of such sloppy draftsmanship in the terms of the bond. A good lawyer could have kept him out of this mess in the first place and salvaged something even if engaged as late as the beginning of the bond hearing. The merchant of Venice clearly illustrates the folly of self-representation.

The works of Shakespeare are full of lessons for lawyers and...