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.  

   

Word to the Wise:

The chief cornerstone of justice is truth; and, where there is no truth, there can be no justice.  Great attorneys pursue justice, not blind advocacy. 

To be a great attorney, you must find the truth and build your clients' legal claim(s) or defense(s) upon it.  Remember, you must be intellectually genuine as to the facts and the law.  Your failure to do so could be fatal to your cause.            

Word to the Wise:

Words are powerful.  Choose them carefully.  Be clear and concise.  Say what you mean and mean what you say.

Word to the Wise:

Morality and or virtue cannot be taught or learned, it must be the very essence of a human being.

Word to the Wise:

Florida's judicial system is plagued with a lack of intellectual integrity on the part of the bench and bar.  Apathy concerning this issue is overwhelming amongst most members.  Unless this issue is addressed, public confidence in the judicial branch of government will continue to decline and injustice will abound.

RKAII

Word to the Wise

Judges are human, most have agendas and are not neutral.  It's just as important to understand the judge's agenda as it is to understand the law.  Don't be fooled into thinking the law is controlling. That's a myth they teach you in law school.  Judges usually interpret and apply the law in a manner consistent with the outcome they desire to see in a given case.  Make your record for appellate purposes and prepare to exhaust all of your judicial remedies.  Remember, the pursuit of justice is like a marathon not a sprint.

Word to the wise:

Proper jury instructions are essential to every case.  Don't assume that the trial court is neutral during the charge conference.  The trial court can influence the outcome of a case by the way it rules on proposed instructions and requests for special instructions.  Be sure to make timely specific objections where necessary during the charge conference so that the issues are properly preserved for appeal.