Niccolò Machiavelli, the 16th-century Florentine diplomat, philosopher and political theorist, is perhaps best known for his controversial guide for rulers on how to maintain power – even if that meant resorting to deceit, coercion or ruthlessness.
The phrase “the ends justify the means” has since become synonymous with Machiavellian thinking. Over the centuries, his name has evolved into a personality descriptor: Machiavellianism – a trait defined by manipulation, strategic calculation, lack of empathy and the pursuit of self-interest at all costs.
Disturbingly, this archetype is not confined to history class. It is found in modern legal practice including our own profession. While we are officers of the court and stewards of justice, a growing number of lawyers are succumbing to Machiavellian practices that undermine the very legitimacy of our justice system.
Sadly, I have observed Machiavellian lawyers who present as strategic, persuasive, and even charismatic. They impress clients and snow the court. But beneath the surface lies a pattern of conduct driven not by justice or fairness, but by a relentless pursuit of “winning”. These lawyers are known to:
- Issue court applications to leverage settlements through fear, embarrassment and coercion.
- Use mediation as a form of discovery or to extract an improvident settlement.
- Draft pleadings and affidavits that twist facts, omit exculpatory evidence, or make sweeping and inflammatory allegations that cannot be substantiated.
- Treat examinations and questioning as a playground for obfuscation.
- Knowingly deceive the court.
- Coach clients to obstruct disclosure and withhold the truth.
- Exploit procedural delays and run up costs of litigation.
- Weaponize children as leverage for financial settlements.
- Seek to inflame rather than resolve conflict.
This is not zealous advocacy. It is adversarial theatre performed without regard for the damage inflicted on the family. In family law, humanity and healthy family systems are integral. Clients are often navigating the most emotionally volatile period of their lives. So when lawyers exploit this fragility, craft false narratives and manipulate the process, they not only harm the opposing party – a member of that very family – they traumatize children, damage the family and erode public trust in the justice system.
Judges, too, are forced to navigate this fog of half-truths and posturing, tasked with finding clarity where there has been deliberate obfuscation. Given the court’s limited resources, judges are ill-equipped to sift through such theatrics in search of resolution. And let us not ignore the impact on the legal profession. When the public sees lawyers as ruthless manipulators, their moral authority and social license is destroyed by these few Machiavellian lawyers. All lawyers are then painted with a wide brush in the same caricature – not protectors of those in need but as peddlers of deceit.
Machiavellianism thrives in systems where incentives are abundant, accountability is weak and success is measured in outcomes rather than integrity. Judges are paid to render decisions, not regulate lawyer conduct. The Law Society does not study litigation conduct in real-time. Clients of Machiavellian lawyers will not complain, believing that “the ends justify the means”. Their spouses’ complaints to the Law Society may be labeled as reprisals. Hence, there is little disincentive, and accountability is limited.
In the chaos of family law litigation, where perception can shape outcomes as much as fact, the temptation to shade the truth or weaponize the narrative can be strong. This is not a condemnation of strategy or tenacity – qualities essential to any skilled advocate. But a line must be drawn between strategy and manipulation, between advocacy and deception.
People retain lawyers not just to ‘win’ their case, but to model integrity, temper conflict and guide them toward durable, dignified outcomes. The future of their families – and the legitimacy of the legal profession – depends on it.
Dear Mr. Machiavellian J.D., Barrister & Solicitor. You are not welcome here.
This article was recently published by LAW360 at: https://www.law360.ca/ca/family/articles/2410771/dear-mr-machiavellian-jd-your-services-are-not-needed
Steve Benmor, B.Sc., LL.B., LL.M. (Family Law), C.S., Cert.F.Med., C.Arb., FDRP PC, is the founder and principal lawyer of Benmor Family Law Group, a boutique matrimonial law firm in downtown Toronto. He is a Certified Specialist in Family Law, a Certified Specialist in Parenting Coordination and was admitted as a Fellow to the prestigious International Academy of Family Lawyers. Steve is regularly retained as a Divorce Mediator/Arbitrator and Parenting Coordinator. Steve uses his 30 years of in-depth knowledge of family law, court-room experience and expert problem-solving skills in Divorce Mediation/Arbitration to help spouses reach fair, fast and cooperative divorce settlements without the financial losses, emotional costs and lengthy delays from divorce court.
Editorial note: This article was first published on LinkedIn in November 2025 and is republished here for reference.
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