RutLaw Blog Sunday, November 01 2020
There is an old saying that the "Devil" is in the details. i understand it is an adaptation of the saying "God is in the details." I like the latter better. I will explain. So much of what we do in life and in law depends on the details. In law, I see this a lot, with lawyers, staff, clients, and I battle it myself. We fail to master the details. We have to know the facts of our case ... better than the other side. We must. And we must assume that our clients may not know all those facts that are critical in a legal dispute, as well. So, we really have to know the facts -- the details upon which cases turn -- better than the other side. And we have to know the schedule, and deadlines, and plan accordingly. We not only have to know and calendar these, but we need to what tasks need to happen in advance of these deadlines, and when. And the rules ... the rules are the ultimate details. My old civil procedure professor Michael Tigar (crazy man, great lawyer) taught us that the lawyer who knows the rules controls the game. He was right. You would be stunned ... stunned ... how often I see that other lawyers either don't know or have forgotten the rules that govern our proceedings. If we don't first master the fundamentals -- the details where the Devil is -- then we can't find the good ... the angels ... in this process. |
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