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<blockquote data-quote="Wincenworks" data-source="post: 9161716" data-attributes="member: 7038835"><p>It is amazingly common in all professions for the people who have succeeded in them for some period of time to start forgetting the basics, and things like safety, etc. I routinely get into fights with supervisors who are thrilled about people's metrics, and I am distinctly not thrilled about the amount of time I have to spend fixing their basic mistakes instead of boosting my metrics.</p><p></p><p>From my own experience dealing with them as a non-lawyer (still got a few more subjects to clear), its pretty common for lawyers who are in small firms or in firms that practice darwinism through under-mentoring to get caught up in weird tangents and overlook the basics - often because they're relying on resources that gloss over the basics. A judgment with lots of cool obiter and rhetoric rarely talks about the procedural aspects that got it there, and its also easy to get tripped up using either old rules or not realizing that there is an exception to the general rule and the approach - or a tradition which is not documented but is considered essential.</p><p></p><p>To build on [USER=7023840]@Snarf Zagyg[/USER] 's example, family court (at least in New Zealand) is often a place where high end corporate lawyers stride in feeling twelve foot tall and bulletproof, and slink out with their tail between their legs. They go in there thinking that as they are experts on contract law, remedies and important authorities so they will steamroll these little family law firms - and get slapped down by the judges for failing to address the issues asymmetry between the parties of the separation agreement, policy arguments about the well being of children, obvious evidence in the children's demeanour and the different situations, and how the court is deliberately informal and flexible so that it can avoid the rigidity that is desired in contracts between corporations and business moguls.</p><p></p><p>None of those aspects of the court are written down and spelled out in the court rules - but they are understood to be sacrosanct by the Family Court and the superior courts that handle their appeals because it is a court with a unique and important purpose.</p><p></p><p>In this particular case, Justin's lawyer does seem to have approached the civil action very much like how he's seen a prosecutor approach a criminal one many, many times before. He started by laying out things in broad terms, saying what he felt the evidence was going to show and pontificating on the moral and social aspects of the issue - he then proceeds to barrage them with his demands and accusations. It's burned into his head from a thousand instances of being on the other side.</p><p></p><p>It didn't occur to him, and he certainly couldn't bill Justin, for doing some research on the very basic court rules, read up on what a recent, successful defamation suit - after all he bills himself as veteran attorney - and he may also just legit not have had time to do that research in the time between when he agreed to take the case and when he promised he'd have the filings, etc. It may be he did a quick look, and found one which succeeded despite being subpar.</p><p></p><p>None of this is to disagree with the notion that he is the architect of his own misfortune, but simply to point out the many factors that can drive someone who is supposed to be seasoned professional with amazing credentials into making very bad decisions.</p></blockquote><p></p>
[QUOTE="Wincenworks, post: 9161716, member: 7038835"] It is amazingly common in all professions for the people who have succeeded in them for some period of time to start forgetting the basics, and things like safety, etc. I routinely get into fights with supervisors who are thrilled about people's metrics, and I am distinctly not thrilled about the amount of time I have to spend fixing their basic mistakes instead of boosting my metrics. From my own experience dealing with them as a non-lawyer (still got a few more subjects to clear), its pretty common for lawyers who are in small firms or in firms that practice darwinism through under-mentoring to get caught up in weird tangents and overlook the basics - often because they're relying on resources that gloss over the basics. A judgment with lots of cool obiter and rhetoric rarely talks about the procedural aspects that got it there, and its also easy to get tripped up using either old rules or not realizing that there is an exception to the general rule and the approach - or a tradition which is not documented but is considered essential. To build on [USER=7023840]@Snarf Zagyg[/USER] 's example, family court (at least in New Zealand) is often a place where high end corporate lawyers stride in feeling twelve foot tall and bulletproof, and slink out with their tail between their legs. They go in there thinking that as they are experts on contract law, remedies and important authorities so they will steamroll these little family law firms - and get slapped down by the judges for failing to address the issues asymmetry between the parties of the separation agreement, policy arguments about the well being of children, obvious evidence in the children's demeanour and the different situations, and how the court is deliberately informal and flexible so that it can avoid the rigidity that is desired in contracts between corporations and business moguls. None of those aspects of the court are written down and spelled out in the court rules - but they are understood to be sacrosanct by the Family Court and the superior courts that handle their appeals because it is a court with a unique and important purpose. In this particular case, Justin's lawyer does seem to have approached the civil action very much like how he's seen a prosecutor approach a criminal one many, many times before. He started by laying out things in broad terms, saying what he felt the evidence was going to show and pontificating on the moral and social aspects of the issue - he then proceeds to barrage them with his demands and accusations. It's burned into his head from a thousand instances of being on the other side. It didn't occur to him, and he certainly couldn't bill Justin, for doing some research on the very basic court rules, read up on what a recent, successful defamation suit - after all he bills himself as veteran attorney - and he may also just legit not have had time to do that research in the time between when he agreed to take the case and when he promised he'd have the filings, etc. It may be he did a quick look, and found one which succeeded despite being subpar. None of this is to disagree with the notion that he is the architect of his own misfortune, but simply to point out the many factors that can drive someone who is supposed to be seasoned professional with amazing credentials into making very bad decisions. [/QUOTE]
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