>>> jkschw at hotmail.com 05/17/01 04:32PM >>>
Jesus, Charles, the first thing you learn in this job is that you can
_never_ trust the parties' briefs on the law _or_ the facts. They lie. They
miss things. They misrepresent.
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CB: Funny thing is that litigators say about the same things about judges and their clerks. "What a dumb decision . Did he go to law school ? He must have been paid off !"
You know the old saying from lawschool. The A students become professors, the B students become lawyers, and the C students become judges.
The next thing you will learn is it is the lawyers , not the judges, who make the law.
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We're sending a well-litigated case run by good lawyers on both sides (a rare experience) to the jury today, and it's amazing how much they missed.
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CB: I can imagine what they are saying about you.
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The less able lawyers do proportionately worse. Basically I have to do _everything_ myself from scratch. And it's Rule 11 you're thinking of. The only reason we don't use it more than we do is that if we used it for all the half-assed, dishonest arguments that deserved it, we'd sanction almost everyone almost all the time. In any case, if you do the job right, you find that there is not always a case to be made of the civil plaintiff or criminal defendant. --jks
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CB: How long have you been doing this ? You'll learn. You have more power, not superior understanding of the law. In other words, the only reason you are more "right" on the law is that what the judge says is the law is the law. You know the joke about the umpires.
>From: "Charles Brown" <CharlesB at CNCL.ci.detroit.mi.us>
>Reply-To: lbo-talk at lists.panix.com
>To: <lbo-talk at lists.panix.com>
>Subject: Re: judicial tyranny
>Date: Thu, 17 May 2001 16:02:08 -0400
>
>All you have to do is adopt the arguments made by plaintiffs' attorneys in
>their briefs. If you don't have briefs, tell the judge to ask for briefs on
>the issues. Those arguments will be very colorable legally,and they won't
>contain an iota of what in common language is considered "political". Very
>few complaints filed by competent attorneys are frivilous or rejectable
>under ,is it Rule 23.
>
>CB
>