Finding Hidden Treasure
“All advocacy is, at its core, an exercise in empathy.” ––Samantha Power Standing in another’s shoes implies assuming a point of view different from one’s own. You’re seeing things from another’s frame of reference, from their sense of perspective. The angle of vision, the corridor of approach, the nature and extent of indistinct outline and […]
Producing the Plaintiff
You’re seated next to your client at a large table, opposing counsel on the other side. Testimony that’s accurate, clear, persuasive, and appropriate––that’s at least one of your goals. For the young lawyer, here are some general guidelines: Keep the supply of facts flowing in response to cross-examination questions. Primarily most discovery depositions boil down […]
Naïve Realism and Photographic Evidence
Evidence is multipurpose, having both inclusive as well as exclusive components. Photographs. Photographs have at least two purposes. First, to depict the condition of a person, place, instrumentality, or object. That’s their inclusive purpose. But photographs serve another purpose as well––to demonstrate what’s not depicted. That’s their exclusive purpose. What a photograph does not show––this […]
Reality vs. Appearance of Reality
An attempted yet failed solution to a problem is not harmless. Particularly in the legal, social, or political realms, you have not only the initial problem, but you have a failed solution to the problem which adds complexity, an added variable, to that which previously existed. Now, those grappling with the problem in the future […]
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 […]
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 […]
Constitutional vs. Human Rights
What’s the difference between a “constitutional” right and a “human” right? Are they synonymous? Or do they differ in certain respects? Constitutional Rights. The First Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the […]
It’s Time to Start Over
Transportation accidents, maritime accidents, aviation accidents––all within our society have the right to bring civil lawsuits to recover damages except one: those who serve in the Armed Forces. Our servicemen and women are prohibited from filing civil actions against the United States in Federal Court for accidental injury or wrongful death if such occurs within […]
Clarity and Inconsistency
Misread signals, miscommunication, divergent interpretations––the disconnect between the speaker’s message and the listener’s response. Any number of reasons might explain this. Comprehension. The listener does not understand what’s being expressed. It could be the terminology being used is tied to a particular specialty. It could be the message itself expresses a thought foreign to the […]
Advocacy and Accuracy
“‘Tis a forgotten maxim that ‘accuracy is essential to beauty,’” wrote Emerson in his Journals. Being accurate is not something that’s typically recognized or celebrated, but over time it comes to have great value, separating those most capable. What’s a good working definition of accuracy? Webster defines accuracy as “the quality or state of being […]
