Sunday 5 July 2020

Uberrima Fides - Full Disclosure


This is a legal doctrine of particular application in relation to insurance contracts. It is Latin for 'utmost good faith', in plain English when you apply for insurance it's all cards on the table or you'll find your claim gets refused.

I'm no fan of insurance companies but I do believe it's a doctrine that could well be applied to other areas of life. It's also a doctrine that lies in total counterpoint to the prevailing ethos of social media. What photo goes unfiltered on Instagram? When I was a child art was curated now entire lives are. Companies had publicists once upon a time, now, we're all publicists.

And so to LinkedIn. Because it's the social media platform closest to money it's also the one where the urge to celebrate successes and gloss over failures is the strongest. Every post is uploaded with 'delight' or 'pride'. If a setback is cited it's only so it can be immediately eclipsed by a tale of how it was or will be overcome.  And you may say what's the point of complaining about that; it's like complaining that the sea is a bit salty.

But I do feel that if this platform is to be of any use to anybody we should be clear about not just what is said but what is left unsaid. When you're looking to brief a barrister don't look at their list of 'Notable cases' ask them to tell you about the case that wakes them up in a cold sweat. A barrister's worst loss is usually more revealing than their best win.

Silence about setbacks and obstacles means one of two things. Either the person doesn't want you to know about them or there weren't any. Both situations are revealing in their own way. Pretending that you've enjoyed nothing but success in life is, first, likely not true but it also robs you of the chance to put your achievements in context. And context is everything.

Commenting on the second scenario I posted this a couple of days back:

You never see LinkedIn posts saying:

Grew up in Chelsea. Mum's a banker, dad's a Q.C. Went to St. Pauls & Cambridge. Can't believe I've got a pupillage at a top commercial chambers first time applying!

It's not a landscape without the foreground.

The reason why you never see that post is that even the most entitled and unempathetic barrister can see how such a post might be received. But just because you don't see that post doesn't mean that candidates of that background aren't winning many pupillages year after year.

This means that if you're new to the law and all you see on LinkedIn are stirring tales of adversity vanquished you would be forgiven for thinking that the Bar was constituted entirely by their authors. This is not, for a second, intended as a criticism of people making such posts. They act as unquestionable inspiration and should be warmly encouraged. But it is important to know the backgrounds of the silent majority.

I believe that if you, like I, have been the beneficiary of privilege it is important to own that. Not so that your achievements can be marked down but so that the context which your privilege automatically makes known to you can be understood by complete newcomers to professional life.

On LinkedIn you should make plain not only where you've got to but also where you came from, especially if that shows that you lucked out. 






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