Simplify, simplify!
Tuesday, February 27, 2007
Just got back from court from a case where we argued with the immigrant’s attorney about a legal issue. I was making arguments that correctly articulated our position, but the judge was confused. He said, “I’m trying to understand the difference between your positions.” My mentor jumped in and explained the opponent’s position and our position in simpler language, and the judge appeared to understand. Later, my mentor told me I was too smart and was using too many legal terms, which tend to confuse this particular judge. When that happens, he just picks a side and agrees with it, and it’s usually the alien. I think it’s funny that we need to bring it down a notch for some judges.
I’ve been criticized since even before law school for complicating issues, i.e. overthinking. You’d think that that would be an asset for an attorney. I think it is an advantage for analysis and preparation purposes, but not for courtroom advocacy. Need to work on that.