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 clearly cite the law and explain how it applies to your case, judges will usually understand your argument and fairly consider it.
It's not always easy to put the ball in the receivers hand, and some passes are hard to make. Lawyers must often explain complex law in simple terms. When an argument goes over a judge’s head, the problem is usually not the judge, but but how the lawyer explained it. Effective lawyers accept that responsibility, refine how they communicate, and improve. Lawyers who simply blame the judge do not.
