In the Company of Lawyers

No rest for the weary - I worked on a Saturday morning today, meeting with an attorney at his office to go over an upcoming litigation case, and began my review of the nearly 4,000 pages of documents he gave me (electronically) for most of the rest of the day.  I'm just taking a little sanity break right now, but will resume the review later tonight and tomorrow - depositions are scheduled for Monday afternoon.

I have been criticized by some for working with lawyers and for providing testimony in exchange for compensation.  However, Zen Master Dogen once said, "Suppose someone comes to you to talk about his business and asks you to write a letter to solicit something from someone, or to help him in a lawsuit, etc. You may feel you should turn down his request on the grounds that you are not a person of the secular world, that you have retired and have nothing to do with mundane affairs, and that it is not appropriate for a recluse to say something that is not suitable to lay people.  Although this may seem like the way of a recluse, you should examine your deeper motivation. If you rejected the request because you consider yourself a monk who has left the secular world and people might think ill of you if you say something unsuitable for a recluse, this still shows attachment to fame and profit." 

We should carefully consider each situation we are faced with, Dogen advised, and do those things which would bring even a little benefit to the persons who are before us, without concern for what people will think. Even if we are to become estranged from our friends or quarrel with them because they say we did something bad and unbecoming of a monk, it is not important.  Dogen thought it would be better to break off with such narrow-minded people. 

Even though outwardly it may seem to other people that one is doing something improper, the primary concern should be to inwardly break off attachment and throw away any desire for fame. Buddhas and  bodhisattvas have cut off even their own flesh and limbs when someone asked them for help. "How much more," Dogen taught, "should you be willing to help someone who merely asks you to write a letter."  If we reject the request out of concern for our own reputation, we are showing deep attachment to our own ego.

"If you throw away your concern for fame and bring even a little benefit to others, you correspond with the true Way,"  Dogen said.  His primary concern was to cast aside the desire for fame and ego-attachment in all situations.

Dogen's disciple Ejo agreed that while it is alright to tell others what is good and beneficial for them, "how about the case in which someone wants to take another’s property by some evil means, or someone tries to slander another? Should we still transmit such messages?” 

Dogen replied, “It is not for us to decide whether it is reasonable or not. We should explain to the person that we are sending the letter because someone asked us to do so, and tell him to deal with it reasonably. The person who receives the letter and has to deal with the problem should decide whether it is right or wrong."

If I am truthful and honest in my testimony, and express my opinions on the matter before me in a straightforward and truthful way, how am I doing wrong, even if someone profits from that opinion?  Even if I am compensated for expressing that honest opinion?  It would be wrong to be deceitful or to express opinions that are outside of my field.

If you have a friend, Dogen advised, who respects you and whom you feel you could not go against, and he requests your support to do something wrong, listen to his request once, and in your letter write that you have been asked importunately, and that the matter should be dealt with reasonably. If you treat each situation in this way, no one will hold a grudge.

"You must consider things like this very meticulously in every encounter or situation."