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Partner is currently not happy. Partner thinks that I wrote the reply brief too academically, too law reviewy, and not argumentative enough. Partner says that I have to say ABC. This is a problem. ABC is not an accurate statement of the law. The only reason we'd be able to say ABC is because opposing counsel didn't note that XYZ authority is out there that contradicts ABC. Now, BC is still the bright-line rule, but putting A in front of it isn't true. I fear that by saying A, the court will want to do some independent research, and find out that XYZ exists, and then we will lose our credibility.

(And now I've managed to confuse everyone.) Sigh.


  • At 1:18 PM, Blogger Matthew said…

    Not me, Stephanie. I'm with you.

    Just wrote a brief like that for a class yesterday. My opponent hadn't found a case involving a contract provision in a CBA that purported to mandate bargaining over the use of volunteers by the school district. The court held it to be permissive, but said that a narrowed version of the clause pertaining only to bargaining unit work might have passed muster.

    I could have easily argued that the case said that the use of volunteers by a district was a permissive subject of bargaining, without the caveat, except that the instructor also happens to head the Wisconsin Employment Relations Commission. I suspect he might have known the precedent, even if my argument was rhetorically devastating.

    CYA is the smart thing, in my opinion.

    And now we've managed to confuse everyone.

  • At 1:37 PM, Blogger p.p. said…

    Stephanie, show off! Wait a sec, I'm a lawyer too. hmmm...

    I will now walk away pretending to not be confused.


  • At 5:02 PM, Blogger Curtis said…

    Ehhh good luck making the partner happy. I have had a few disagreements already at my work.

  • At 8:57 PM, Blogger Dennis! said…

    I am a lawyer and will freely admit to being confused off my ass about this post. Ah well.

    Today I spent 8 hours writing a reply brief myself, which delicately straddled the line of "opposing counsel's argument is fucking retarded" with "let's be respectful adversaries here."


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