Yours Truly

Yours Truly
RKAII

Monday, December 31, 2018

Word to the Wise:

Success in court depends on the "politics" of the case in controversy, not just the facts and law supporting the claims or defenses under consideration.  Generally, if the politics dictate that your clients' arguments should prevail, then they will and vice versa.  This is antithetical to popular notions of the rule of law but it is consistent with the understanding that courts are members of the judicial branch of "government".  

The judicial branch of government is just as susceptible to the influence of "politics" as the legislative and executive branches of government.  According to collinsdictionary.com, the plural noun politics "can be used to talk about the ways that power is shared in an organization and the ways it is affected by personal relationships between people who work together."  

Keep this working definition of politics in your minds eye as you evaluate whether to take on your clients' causes.  Moreover, as you litigate their causes, be aware of the powers and personal relationships that may be adversely affected thereby.  Understanding the political power equation is the key to assessing the time and money it will take to litigate your clients' issues and to managing your clients' expectations throughout the process.

If you're interested in learning more about the political power equation and how to litigate your clients' issues when they are on the wrong side of that equation, please email your questions or concerns to attyrkaii@timefortrial.com.  
   

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