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 […]
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 […]
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 […]
Washing the Floor…With Gasoline
The problem with just about any set of facts is that it quickly becomes complex, resistant to being easily encapsulated. The gasoline station was managed by Elward Hudson, who, approximately one year before the accident, leased the station and certain equipment from the Defendant. One of the duties assigned to the Plaintiff by Hudson was […]
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 […]
Transition States
A transition state––that sinister and mysterious realm between what’s occurring and what’s about to occur––requires no small degree of scrutiny and attention. We too often ignore our transition states, taking them for granted. Sleep into wakefulness; the change of seasons; the movement from day into night, from youth into old age, from life into death––we […]
Recognizing Secondary Trauma
In recent years, a growing body of medical literature has established that severe trauma to one family member can result in a phenomenon known as “secondary traumatization”––post-traumatic symptoms exhibited by the other family members, particularly children, of those harmed. “During the past few decades, studies have shown that individuals in the trauma survivor’s close proximity […]
Not to be Surprised
Changing the mind of a single person, whose views are antagonistic, presents a multidimensional puzzle, its own complex problem, one with no simple solution. You believe in the rightness of your idea. It’s common sense. Yet the other person you’re speaking to does not see things your way. This is baffling to you. You cannot […]
