Ethics Alarms touched on this area here, when I related the example of a defense lawyer who won over the jury in the sensational Richard Scrushy fraud case with a vivid but made-up anecdote:
My favorite ethics moment is when Scrushy’s main trial lawyer, Jim Parkman, is asked about his headline-making anecdote in his opening statement, in which he quoted his grandmother as always telling him”every pancake, no matter how thin, has two sides.” “Did your grandmother really say that?” Parkman’s asked on camera. “No,” he admits after a long pause. “But she could have!”
Lying to a jury would seem to be a serious ethical violation for a lawyer, and by the wording of the rules, it should be. But every lawyer I’ve discussed Parkman’s tactic with agrees that such non-substantive lies would never result in professional discipline. (I think they should be.)
But what about inspirational stories and anecdotes that aren’t true? Does the end justify the means? Brian Childers’ story about Tommy Lasorda reminded me of another Lasorda story. Managing in the minors before becoming the third-longest tenured manager with a single team in baseball history, the ever-ebullient leader of the Spokane AAA team was faced with a dispirited squad that has lost nine straight games. Tommy bucked them up by reminding the players that the 1927 Yankees of “Murderer’s Row” fame, then and now the consensus choice as the greatest baseball team of all-time, also lost nine games straight. His team was cheered, and not only broke out of their slump, but went on a winning streak.
Asked later if it was true that the team of the Babe, the “Iron Horse” and the rest ever lost nine in a row, Lasorda answered, “Hell, I don’t know. But it turned my team around when they thought so!!”