In Lawyer Up, a two-player asymmetrical card game, players take on the roles of attorneys facing off against each other in a courtroom case. One player takes on the role of the prosecution and the other takes on the role of defense. Each case has its own unique mechanisms and story from Murder to Ra... read more...
Some lawyers seem to delight in playing games, but the law is not your plaything, not mine, not our clients nor our adversaries. Jill Switzer has been an active member of the State Bar of California for 40 years.
Although law professors remain fond of telling students theyâre going to teach them how to think like a lawyer, you donât have to attend law school to enhance your own logic and critical thinking skills. Approach a problem from all angles. To see all the possible issues in a set of facts, lawyers look at the situation from different perspectives.
Wall Street Journal columnist Peggy Noonan has noted, in a different context, that democracy is not a plaything. The same holds true for the law. Some lawyers seem to delight in playing games, but the law is not your plaything, not mine, not our clients nor our adversaries.
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Jeopardy seems a very appropriate title for lawyer gamesmanship. Lawyers can find themselves in all kinds of jeopardy representing clients. The term âjeopardyâ is obvious in criminal law. Not so obvious perhaps in civil, but nonetheless still there. Blow a statute and youâve jeopardized your malpractice insurance. File frivolous motions or cases, and you run into sanctions jeopardy, which can mean anything from a slap on the wrist (donât do that again) to terminating sanctions (youâre outta here). Sanctions in more than a certain amount require reporting to your State Bar, and then the concept of jeopardy can take on a whole new and much more ominous meaning, not to mention rumblings from your malpractice carrier.
The Chief Justice of the United States, John Roberts, admonished in his 2015 year-end report that lawyer gamesmanship needs to stop .
Wall Street Journal columnist Peggy Noonan has noted, in a different context, that democracy is not a plaything. The same holds true for the law. Some lawyers seem to delight in playing games, but the law is not your plaything, not mine, not our clients nor our adversaries.
While competition is a necessary part of law practice, when does competition morph into gamesmanship that helps fuel the perception that what lawyers do is play games with their clients, with opposing counsel, with the courts? Wait a minute, some readers will say, Iâm being strategic, not game-playing. Strategy is a careful and thoughtful methodology to achieve a desired result; itâs not gamesmanship, aka jerking the other side around, not responding to phone calls and/or emails and other behaviors that we know all too well.
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Ace Attorney Investigations: Miles Edgeworth for the Nintendo DS starred the prosecutor Miles Edgeworth instead of a defense attorney. That wasnât the only way in which it departed from series tradition, however.
The Great Ace Attorney Chronicles will be out on July 27, bringing these prequel spin-offs to the West at last. If youâre a newcomer to the series, there is also a special bundle called the Ace Attorney Turnabout Collection that bundles The Great Ace Attorney Chronicles together with the Phoenix Wright: Ace Attorney Trilogy.
All three of these games saw ports to iOS and Android devices, and Apollo Justice was eventually brought to the 3DS as well. Unlike the original games, these three donât fit together quite as cohesively; we tend to call them a trilogy simply because theyâre the next three games in the main series.
1. Approach a problem from all angles. To see all the possible issues in a set of facts, lawyers look at the situation from different perspectives. Putting yourself in othersâ shoes allows you to understand other points of view.
To think like a lawyer, try to approach a problem from several different perspectives to gain new insight into the issue. However, avoid becoming emotionally involved in any one point of view, since it can lead to irrational thoughts that donât support the facts. For example, look at a given issue and attempt to argue both sides using logic and the facts you have available to you. Finally, donât make assumptions about anything without facts to back it up, or take things for granted without asking, âWhy?â For tips from our Legal reviewer on how to use syllogisms and deductive reasoning to argue your point, read on.
Lawyers refer to why a law was made as its ââpolicy.ââ. The policy behind a law can be used to argue that new facts or circumstances should also fall under the law.
Lawyers try to win a new case by demonstrating that its facts are substantially similar to the facts in an old case, and thus the new case should be decided the same way as the old case was.
Law professors and practicing attorneys canât talk about âthinking like a lawyerâ without bringing up the 1973 film âThe Paper Chase .â In the film, Professor Kingsfield tells his first-year law students: âYou come in here with a head full of mush and you leave thinking like a lawyer.â Although law professors remain fond of telling students theyâre going to teach them how to think like a lawyer, you donât have to attend law school to enhance your own logic and critical thinking skills.
Thinking like a lawyer also requires using judgment. Just because a logical argument can be made doesnât mean that argument is good. Judgment is necessary to determine whether a given line of reasoning or conclusion is in anyoneâs best interests or advances society as a whole, or if itâs destructive and dangerous.
When you learn how to make opposing arguments, you also learn how to hear them, which increases tolerance and allows more problems to be solved cooperatively.
Pay attention, justice can sometimes be tricky.
Kids Court is available on all Alexa devices.
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Jeopardy seems a very appropriate title for lawyer gamesmanship. Lawyers can find themselves in all kinds of jeopardy representing clients. The term âjeopardyâ is obvious in criminal law. Not so obvious perhaps in civil, but nonetheless still there. Blow a statute and youâve jeopardized your malpractice insurance. File frivolous motions or cases, and you run into sanctions jeopardy, which can mean anything from a slap on the wrist (donât do that again) to terminating sanctions (youâre outta here). Sanctions in more than a certain amount require reporting to your State Bar, and then the concept of jeopardy can take on a whole new and much more ominous meaning, not to mention rumblings from your malpractice carrier.
The Chief Justice of the United States, John Roberts, admonished in his 2015 year-end report that lawyer gamesmanship needs to stop .
Wall Street Journal columnist Peggy Noonan has noted, in a different context, that democracy is not a plaything. The same holds true for the law. Some lawyers seem to delight in playing games, but the law is not your plaything, not mine, not our clients nor our adversaries.
While competition is a necessary part of law practice, when does competition morph into gamesmanship that helps fuel the perception that what lawyers do is play games with their clients, with opposing counsel, with the courts? Wait a minute, some readers will say, Iâm being strategic, not game-playing. Strategy is a careful and thoughtful methodology to achieve a desired result; itâs not gamesmanship, aka jerking the other side around, not responding to phone calls and/or emails and other behaviors that we know all too well.