Monday, June 22, 2009

Absurd

Since I am still a relatively new attorney and am still learning I still submit everything (big/important) to a partner for their review/feedback before I file it in court. Recently I have realized just how far I have come in the last year because most of my pleadings/briefs come back with only a few (if any) modifications and suggestions.
So last week I was working on one of my favorite cases and after the partner reviewed it he told me that I needed to omit the word "absurd." I had said something along the lines of "Respondent's argument is absurd." (And it is). Earl told me that I couldn't leave that in because it was a personal attack, and that I shouldn't stoop to the level of the other lawyer (he had earlier written something about my "in artful pleading." He did say that I could use illogical and contradictory - but absurd, was crossing the line. I omitted that adjective and didn't think about it again... until the next day, when I got opposing counsel's brief. After skimming through his brief I quickly noticed that he stated that my argument was "patently absurd." I had to laugh - and tell Earl - he insists that I am the better lawyer for being above it all. I have to agree that it is not my argument, but his argument that is absurd...but we'll let the Judge decide.

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