THE POINT This series is about how the legal system’s subjective and arbitrary character constrains your lawyer from answering “yes” or “no”. Sometimes your lawyer doesn’t want to be pinned down to a definite answer, and you, as the business client, need to nudge him or her for some specificity.…
THE POINT This series is about how the legal system’s subjective and arbitrary character constrains your lawyer from answering “yes” or “no”. Sometimes a judge’s personal idiosyncrasies distinctive, well-informed judgments may drive the outcome more than an objective view of the law or evidence. DISCUSSION My own introduction to this…
THE POINT This series is about how the legal system’s subjective and arbitrary character constrains your lawyer from answering “yes” or “no”. This post addresses the situation where a higher court has ruled on a specific point of law, but the judge presiding over your particular case doesn’t like that…
THE POINT This series is about the how the legal system’s subjective and arbitrary character constrains your lawyer from answering “yes” or “no”. This post addresses the situation where lower courts disagree with each other’s rulings — and a higher court will need to step in to resolve their differing…
In Part 1 of this two-part series of posts, I described — how “judges’ personal foibles and idiosyncrasies — I mean their distinctive, well-informed, jurisprudentially ingenious perspectives — can drive litigation outcomes more than any objective view of the law or evidence would seem to warrant”. From there I compared…
In a recent post I wrote that judges’ personal foibles and idiosyncrasies — I mean their distinctive, well-informed, jurisprudentially ingenious perspectives — can drive litigation outcomes more than any objective view of the law or evidence would seem to warrant: “My introduction to this came when I was a prosecutor in Manhattan. When my…
THE POINT This series is about how the legal system’s subjective and arbitrary character constrains your lawyer from answering “yes” or “no”. Sometimes your lawyer doesn’t want to be pinned down to a definite answer, and you, as the business client, need to nudge him or her for some specificity.…
In the third of this four-part series, I address another situation in which the legal system’s subjective and arbitrary character constrains your lawyer from answering “yes” or “no” to your questions. … Consider the following circumstance: A judge’s personal idiosyncrasies distinctive, well-informed judgments may drive the outcome more than an objective view…
One of this blog’s goals is to help business owners and executives to make better management decisions through a practical understanding of how the law works. This post is the second in a four-part series in which I explain how the legal system can prevent lawyers from giving a “yes”…
One of this blog’s goals is to help business owners and executives make better management decisions through a practical understanding of how the law works. This four-part series takes up the question: Why can’t my lawyers say “yes” or “no”? Why can’t I get a straight answer? With all my…