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Criminal Defense & Plaintiff Advocacy Blog

PUT YOUR ARGUMENT IN THE JUDGE’S HANDS

Being a lawyer is like being a quarterback. If you put your argument in the judge's hands they will catch it 95% of the time. However most incomplete passes are due to the fact the quarter back missed the receiver.

Far too many quarterbacks blame their receivers for not catching their passes, but most incomplete passes are due to the fact the quarterback did not put the ball in the receiver’s hand.

Similarly far too many lawyers blame judges for not knowing the law, but it is the lawyers job to educate the judge on the law. If you can cite to the law in simple terms, and explain how it applies to your case; then the judge will almost always be able to understand and consider the merits of your argument.

It's important to remember that being able to put the ball in the receiver's hands is not always easy. Quarterbacks are often in a position where they have to make difficult passes. Similarly being able to cite to the law, and explain it to the judge in simple terms is not always easy to do. Sometimes a lawyer's argument will go over the judge's head like an over thrown pass. Lawyers should not blame the judge for not understanding their argument. Instead they should acknowledge they failed to properly convey their argument to the court, and focus on how to better convey their position in future cases. Attorneys who just blame the judge don't get any better.

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Aaron Baghdadi