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Author: Will Graebe

The Light of Perception: A Harvest Moon Reflection for Lawyers

Harvest Moon

On October 6, many of us paused to admire the harvest moon. The harvest moon is the full moon that falls closest to the autumnal equinox. This year’s harvest moon also happened to be a supermoon, meaning that the moon was at its nearest point to the earth. This can make the moon appear larger than usual. If you were able to view the moon as it arose over the horizon, the moon may have seemed very large. What you experienced is known as the moon illusion

The moon illusion is a perceptual phenomenon in which the moon appears significantly bigger when it is near the horizon than when it is high in the sky. Despite appearances, the moon’s actual size and distance remain essentially unchanged. Our brains simply interpret it differently based on visual cues, such as the horizon, surrounding objects, and depth perception. This illusion is a reminder that what we perceive is not always reality, and that our senses can mislead us in subtle but powerful ways.

Interestingly, the moon illusion can be diminished or even eliminated by changing the way we look at the moon. If you isolate the moon by zooming in on it through binoculars or a camera so that the surrounding horizon is no longer visible, it no longer appears unusually large. Similarly, an old perceptual trick involves bending over and looking at the moon between your legs, which flips your visual perspective and reduces the illusion. These examples show that our perceptions are not fixed. They are shaped by context, perspective, and the cues our brains rely on to interpret the world. By consciously adjusting how we view a situation, we can often gain a clearer, more accurate understanding of reality.

As lawyers, we are not immune to our own versions of the moon illusion. We interpret facts, clients, and opposing parties through the lenses of experience, emotion, and expectation. A client’s anxiety can look like guilt. A confident opposing counsel can appear to be more capable than they are. A judge’s question can seem hostile when it is actually an opportunity. Our legal training sharpens analytical reasoning but can dull our awareness of how perception colors our professional judgment.

Just as the moon seems larger when framed against the horizon, a case can appear stronger or weaker depending on the context in which we view it. Context affects our perception of virtually everything we observe. These perceptual biases can lead to overconfidence in weak positions or excessive caution in strong ones.

The good news is that, like the moon illusion, perceptual errors can be corrected by changing perspective. The most effective lawyers learn to zoom in and isolate facts from emotion, noise, and assumption. They test their perceptions by asking: What if I’m wrong? What facts would change my view? They invite colleagues to play devil’s advocate, reframe arguments, or challenge interpretations. They also zoom out when necessary, remembering that no single motion, hearing, or verdict defines the entire landscape of a case or a career.

The harvest moon will wane, but its lesson endures. What we see isn’t always what’s there. In advocacy, perception can be a powerful ally or a costly illusion. The difference lies in whether we’re willing to adjust our view.