Monday, February 8, 2010

you can't drink your own kool-aid

I read an article several years ago stressing how important it is to remain objective as a lawyer. You have to be able to see both sides of an issue before you can be an effective advocate of one of the sides. I had to think about it, but it made sense.

Recently, because I "drank my own kool-aid," I had an artificially high expectation of winning a demurrer I wrote. At the time of deciding to bring the demurrer, I thought it was a tough argument. Then, by the time the reply papers and hearing prep was done, I thought, damn, we should win this! My own arguments convinced me. Well, the demurrer was overruled. I can't say it was necessarily the wrong result. (The judge said I had a "poor man's summary judgment motion" LOL.) I don't think drinking the kool-aid did anything in this instance, but you can imagine it would lead to skewed perspective/focus and tone in arguments you're trying to make.

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