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.