Many people, including professionals such as attorneys, often struggle to change their minds. Research shows we tend to cling to our established opinions, and dismiss or outright reject dissenting views. Resisting dissenting views can leave us dangerously unprepared to address weaknesses in our arguments.
Attorneys almost purposely undermine their own cases when they silence dissenting opinions. By failing to examine alternative perspectives, they risk leaving holes in their arguments unaddressed, which in many cases could have been cured.
Attorneys almost purposely undermine their own cases when they silence dissenting opinions. By failing to examine alternative perspectives, they risk leaving holes in their arguments unaddressed, which in many cases could have been cured.
DANGERS OF ELIMINATING DISSENT
Without opposing views, there’s no one to challenge ideas, identify problematic arguments, or propose alternatives. Further these echo chambers can create a false sense of security, leaving individuals and teams unaware of how unprepared they are for the challenges ahead.
History is full of cautionary tales about the dangers of ignoring dissent. One notable example lies in the events surrounding the Yom Kippur War.
FROM THE SIX-DAY WAR TO THE WAR OF YOM KIPPUR
After Israel's resounding victory in the Six-Day War, a sense of military superiority permeated the nation. Few challenged the prevailing belief that the Arab states posed no real threat to the state. This consensus lulled Israel into a false sense of security.
In 1973, during Yom Kippur, the holiest day in Judaism, the Arab states launched an attack that caught Israel completely off guard. A culture that dismissed dissent and alternative perspectives on security left Israel vulnerable to an unexpected and devastating attack.
This serves as a powerful reminder that dissent can illuminate issues that were otherwise hidden in the dark.
MENTORING THROUGH OPPOSITION
When I started my legal career as a public defender, I sought advice from pro-defense colleagues. They offered me many defenses, yet most of these approaches failed in court. What they missed were the glaring weaknesses in their own arguments. I also noticed later on they were not even willing to bring these arguments in their own cases.
However, there was one attorney in the office who had been a prosecutor most of his career, and was pro-State. He would routinely shoot down all my defenses one after another. For the most part he was right, they were not good defenses. After a while I got better at putting together a defense, and there came a time when he could no longer easily shoot down my defenses. At that point I knew I had a decent defense, and was a lot more successful in court.
DEALING WITH DISSENT
Dissent should be welcomed. It is important to get many differing opinions with the goal of having the cream rise to the top, as there is wisdom in numbers. It is also important to decide which arguments are the best when Weighing Legal Arguments.
CONCLUSION
In conclusion dissent is important to test the strength of your arguments. In law, as in life, the most robust ideas emerge when subjected to rigorous scrutiny. Rather than silencing dissent, we should welcome it. This process will also have the additional advantage of giving you more confidence in arguing your position.
