Would you play chess, football, or Halo without paying attention to what your opponent is doing?
Obviously not. Lawyers also have to pay attention to the other side.
- Lawyers are paid to make judgments regarding what the other side will say and do.
- Lawyers are paid to make judgments regarding what a court or other adjudicator will say and do.
- Lawyers are paid to solve problems.
In writing your essays (and in thinking through any legal problem), consider:
- What is X’s best argument? That’s an argument.
- What will Y’s best response be? That’s a counterargument.
- Note that each side will consider the other’s in crafting their own arguments.
- Get into the heads of either side. Empathize with their position. This is what good lawyers do.
Presented in review 11/23/15. Posted same day.