It’s All in the Gaze
What makes a witness trustworthy? Why are some witnesses believed and others not? Standard responses would be: “Someone who has the ability to perceive events accurately.” “Someone who is unbiased.” “Someone who is an authority in their field.” “Someone whose facts and opinions are corroborated by other evidence.” Etc. These are commonly asserted, but there […]
Harnessing Worry’s Insight
We know it’s not a healthy habit, but worry––reflexive, involuntary––implicates both the rational as well as the irrational. A potentially stressful life event looms. Consciously, we react, seeing things as they are; subconsciously, we create, envisioning potential perilous outcomes. Worry hinders accurate decision making, constrains flexibility, compromises effectiveness. A recent article establishes how “worrying is […]
Process and Substance
Contested tort-law cases implicate both process as well as substance. Process. Process encourages fair procedures so that all interested have notice and a right to be heard. Substance. Substance addresses the actual merits of what’s at stake. We navigate this split in all contested proceedings, and there’s some relationship between the two. The Due Process […]
The Shape of Perception
We draw instantaneous conclusions of those we meet. That person is kind and friendly; that other, intimidating, distancing. How do we perceive others? What elements work to influence our social perception? One would think that merely drawing a particular shape should have no influence on one’s assessment of those around you. In fact, something as […]
Unlocking the Door
To unlock a door, there’s a single key––specifically cut, shaped, and contoured to fit an exact specification. All other conjectures and approximations, even if razor-thin close, will simply not work. Exerting additional force, pressing strongly back and forth, forcefully twisting and turning––a complete waste of time. Winning arguments, tailor made to fit the specific case, […]
Sight Lines of the Third Eye
Which point of view is most persuasive? There’s seeing the case from the “inside” point of view of the injured party, the Plaintiff. There’s seeing the case from the “inside” point of the view of the responsible harm-inducing party, the Defendant. And then there’s seeing the case from the “outside” point of view of a […]
All History is Sacred
Headwork, mindscape––to keep track of powerful, commonsense notions as well as unusual, esoteric ideas. Item. One’s life is defined not by the number of years, not by its fleeting rank, title, or status, but by its guiding idea. Some, perhaps many, pass their years without an awareness of what form that idea might take. To […]
Back to Basics
The young lawyer, having just finished reading a book on military history, likens a lawsuit to a form of warfare. The older lawyer tries to explain the two are not quite analogous even though both in a general sense utilize both “strategy” and “tactics.” Marshalling those facts favorable to your side of the case. A […]
“Excusable” vs. “Inexcusable”
Lawsuits are based on the ubiquitous phenomena of “mistake.” We file when there’s been an “accident,” inadvertent harm caused by the neglect, carelessness, or inattention of another. Those who practice in this area can come to believe that every “mistake” is actionable. We see some kind of harm that’s occurred and we immediately conclude that […]
Building the Bridge
A lack of adequate information typically prevents us from being sure that our inferences are well-founded. Because of this, we too often stop searching for answers. We erroneously believe there’s “not enough evidence” to draw any further conclusions. Example: At a certain address, there’s a row of bushes six feet high aside a fence that’s […]
