Quote May 13, 2018

Few men have more formidable enemies that their own values.

A general can win gloriously if he angles his enemy to simply live up to his own standards. Sometimes, success comes by the providence of your enemy’s sanctimony.

Every combatant should be so blessed as to have an enemy who is engaged in moral performance rather than an effort to win.

Porter

This quote taken and paraphrased from: https://kakistocracyblog.wordpress.com/2018/05/11/myfrappuccinospace/

 

 

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Fourth Law School Lesson(s) Not Taught

For Hearings:

You are not alone. Find others, clients, assistants, other counsel, and lean on them for support during a hearing.

If you want to conduct a hearing well, prepare for it. What preparation? Whatever demands your thought and mind make of you to know the case and be prepared to speak to it, explain your case to the judge, and to counter your opponent’s arguments.

Aim at the goal (best outcome for your client) and not at doing well at the hearing’s processes.

Being funny is okay, sparingly, but not funnier than the judge.

Being smarter than counsel opposite is good. Being smarter than the judge is not good. Being cute is miscommunication – never okay.

Being an agent of chaos vis-a-vis the other side is good. To the judge, forbidden.

The nerves happen – get them over with. For some, this means making your first speech, statement, argument or request – getting into it. If the nerves dominate you the entire time – even after and in your dreams – seek counseling.

Attack the affidavit, not the affiant. Attack the witness, not the testimony. Understand this as an issue of context. The clues that justify attacking a person come from their reaction, not their affidavit.

At trial, it’s about influence, not the truth. However, where the truth is on your side, emphasize the point.

Tell a story.

Use simple examples.

Clever counsel like to mix things up and it may catch you off-balance. Be prepared for things to go out of sequence. Even better, be the one unbalancing.

Meditate. Seriously.

If you are ruminating on something, pay attention to it. There may be a lesson to learn or a problem to solve in all that hamster wheeling.

Best to accept human beings for what they are – not in search of the truth, but in search of the meaning of events so they can take the right steps to appear to be correct and maintain social harmony. Those who don’t are rare, usually seeking chaos because they are overwhelmed. You’ll know them when you see them.

Sympathize with the adjudicator. Murder the other side’s arguments, all while pretending to sympathize with them.

Make all your arguments – don’t balk unless essential. Remember, you committed to the court and the client to make them, so if you don’t, you’ve broken a promise. However, you’ve enough judgement to know when something should not be said. Trust it don’t fear it.

Intimidation on a small scale should not be feared. It teaches you a great deal about the person doing the intimidation, and costs you nothing.

Witnesses won’t impress you. You already know what they have to say. Most of it is window dressing anyway. But witnesses are impressive to others. So, keep yourself unimpressed, but remember others are.

Meet the difficulties of the case head-on, in confidence and faith. Avoiding the weaknesses of the case means if you lose, it was your avoidance that caused it. Confront them head on and be honest about them to yourself. Then you are prepared to explain to the judge why they are not determinative, so the judge can be correct in agreeing with you.

Not caring what the other side thinks of you serves you very well. It robs them of a powerful weapon.

Seriously, fucking meditate.

Third Law School Lesson Not Taught

Lawyers are in an inherent conflict of interest with their clients. Your character will be measured by how you deal with it.

Lawyers paid by the hour make more money working more hours. Lawyers make more money drawing matters out longer than necessary. Lawyers make less money resolving matters quickly. Therefore, lawyers have incentive to make extra work on their files to increase their earnings. It is almost always in their client’s interest to resolve the matter quickly, however. Therefore, lawyers paid by the hour have a conflict of interest with their clients.

A small segment of lawyers exploit this conflict to line their pockets, with rare members going so far as to go until the pool of money available to pay them is exhausted, then dumping the client. However, most act in favour of their client’s interests. Do not hire, article, or work for the former.

Lawyers paid salary get more value out of the money by working less time, leaving more time for…other stuff. Their clients get more value the more hours worked. This too is a conflict of interest.

Lawyers on contingency are also in a conflict with their client’s interests, as they may take steps to increase the amount awarded so they increase the size of their share in it. They may adopt a strategy by which 1 out of 5 times this works and gets them a huge reward. The other four times, it fails, and results in a reduced amount awarded, or none at all. But the one time is sufficient to make a profit, and so, they stick to their guns. If you select such a lawyer, hope you are the 1, and not one of the four.

Pro bono lawyers are in a conflict of interest with their clients. The less work they put in on a file, the more time they have to do work to bill for, to take on more contingency files, or to do…other stuff. I find those who are disposed to abuse this conflict of interest tend not to do pro bono work. You see few such lawyers doing things for free.

How you will be judged as a lawyer will be based on how you deal with this conflict. It will show your character, not in the grand gestures you make, but in the small decisions you make every day on how your files are conducted. Others will assess you based on it. Be aware of it: judge your own conduct, and adjust it accordingly.

Lawyers are in an inherent conflict of interest with their clients. Your character will be measured by how you deal with it.