President's Page • January 2025

Walk a Mile in Someone’s Shoes

Above: The Benesh family at Phantom
Ranch in the Grand Canyon in 2005.
Photo Courtesy of Steve Benesh.

In 2005, my wife, Jennifer, and I hiked with our two sons, then 15 and 13, down to the iconic, 102-year-old Phantom Ranch at the bottom of the Grand Canyon. We fell in love with the hike, and we have often returned to Phantom Ranch since then with friends and family. It never gets old!

One of the things we enjoy most about the hike is that the view from Phantom Ranch is completely different from the view up top at the canyon rim. And that is because the Grand Canyon is actually two canyons, one within the other: the 10-mile- wide Outer Canyon, and the deep, narrow Inner Gorge, through which the Colorado River flows, with Phantom Ranch resting on its banks. Looking upward from the ranch, all you can see are the tall, sheer walls of the Inner Gorge, 500 feet apart, while at the canyon rim, you can take in the sweeping, majestic vista of the Outer Canyon, but cannot see Phantom Ranch nestled in the Inner Gorge far below.

Both views offer totally different perspectives of the same national park. Unfortunately, moving from one perspective to the other isn’t easy (trust me!); it requires a significant investment of time and effort. But that investment is rewarded with a fresh vantage point and a new way of viewing one of Earth’s greatest natural wonders.

Perspective in the practice of law is vitally important. Doing our jobs well necessarily involves viewing our legal matters from different vantage points, including those of our clients, our opposing counsel, and our judges and juries, and helping others to have a clear view of our perspective on relevant issues.

To represent our clients effectively, we must begin by investing the time and effort to clearly understand their goals and concerns in legal matters. Like a first-time hiker on the canyon rim, the journey may seem daunting to clients and the ultimate destination or conclusion seem unclear. But by taking the time to consider the pathway from where our clients stand, and then proactively addressing their objectives, reservations, and expectations, we foster a stronger relationship during our journey together based on understanding, empathy, and trust.

In contrast, lawyers and their opposing counsel are like two hikers starting their journeys on opposite rims of a canyon, both heading toward the same conclusion on the canyon floor. But maintaining perspective in such dealings is nevertheless an essential key to success in our legal matters. Obviously, making an effort to discern our opponents’ legal positions and their clients’ underlying motivations and goals assists us in more effectively developing our own strategies and crafting counterarguments. But beyond that, understanding where our opponents are coming from and where they hope to go often promotes civility among counsel, helps us find common ground for agreement, and makes amicable resolution of legal matters easier and more likely.

Following my analogy to the end of the trail, I guess judges and juries would be the park rangers, enforcing the rules and regulations, telling hikers where they can and cannot go, and maintaining the integrity of the park. But, even here, trying to understand how our cases are perceived by judges and juries is imperative. Judges, burdened by the distractions of their busy dockets, and juries, burdened by their unfamiliarity with the law, appreciate the efforts of attorneys who strive to make their presentations clear, succinct, and interesting. Those efforts are often rewarded with favorable rulings, judgments, and verdicts.

John Wesley Powell, who explored and mapped the Grand Canyon in 1869, wrote, “You cannot see the Grand Canyon in one view, as if it were a changeless spectacle from which a curtain might be lifted.” In our legal practices (as in life), let us all go the extra mile to see and appreciate the viewpoints of others. In most instances, we will find the journey worth the effort.

STEVE BENESH
President, 2024-2025
State Bar of Texas