Jian Ghomeshi: The Psychology of Hiring a Lawyer

           As most news-followers will know by now, a reportedly tough female lawyer, Marie Henein, will be in court today to start defending her high-profile client, former CBC Radio host Jian Ghomeshi--charged with four counts of sexual assault and one charge of overcoming resistance by choking.
          The charges against Ghomeshi involve three women and will be tried by judge alone. The so-called optics in this case, or the way he and his legal team can be perceived or seen by others, and his possible reasons for hiring Henein as his lawyer, are interesting.

Is Being a Good Lawyer Enough?

Many published accounts of Henein, in various news stories over the past year, report she is tough and accomplished; a good lawyer. But are her professional abilities and qualifications the only reason Ghomeshi hired her, as opposed to having an equally-tough, accomplished, and good male lawyer?

Could Ghomeshi have other less-obvious reasons for wanting a woman to defend him against serious criminal charges of sexually assaulting and choking, especially when the complainants are other women?

No doubt Ghomeshi wanted and needed to have a top-notch criminal lawyer on his side defending him in court and in other legal venues. By all published accounts of Henein, she fits the bill in this regard. This is obviously critical, regardless of the outcome of his trial starting today.

Perception Important

There can be an important distinction and sometimes even a fine line--depending on various simple or complex factors--between whether Ghomeshi is actually guilty or not guilty of the charges of sexual assault and overcoming resistance by choking, and whether he is found guilty or not guilty of the charges in court.
          Either way, many people might think no woman in her right mind, even a crackerjack lawyer as Henein reportedly is, would even think of defending a man charged with sexually assaulting and choking other women.

By defending such a man, a female lawyer could be perceived by many other women and men as condoning that kind of alleged behavior by Ghomeshi against other women. Some people might even believe a female lawyer defending a man in his situation might tarnish her own personal and/or professional reputation.

Psychologically Intriguing

Most published accounts of Ghomeshi since he was charged with these criminal offences variously paint him as weird, controlling, narcissistic, talented behind a microphone, likeable, charming with an ability to help others feel comfortable speaking with him, insecure, cruel, and clever.

In these contexts, Ghomeshi’s apparent cleverness could have led him to consider the overall potential psychological benefits of fighting these criminal charges with a female lawyer, instead of with a male attorney. The former CBC host might have assumed he and a male lawyer could be perceived, in a court of law or in the court of public opinion, as having a ‘men against women’ defence.

Enter Marie Henein.

Hope and Perception

Since perception is important, including in courtrooms during trials, Ghomeshi will be hoping he will be perceived by the judge as not guilty of the four charges of sexual assault and one count of overcoming resistance by choking, involving three women.

When all is said and done, Ghomeshi’s hope for a positive outcome for him at his trial could be bolstered by the possible psychological advantages of having another woman, Henein, defending him.