Tuesday, May 16, 2006

Systems and Results


The right result is there ... it's just ... how do you get to it? What stands in the way? Mostly things that you'd never see or notice. Something as simple as not having enough time or money to finish the research ... or maybe the judge didn't have the time to read the compelling and unavoidably correct arguments so brilliantly produced (and so they went unnoticed) ... or perhaps someone annoyed or pissed the judge off last time through his chambers. Or maybe those who could make a difference were just too busy to focus sufficiently on that client's matter to do right by it. To get their mind around it.

Real tragedy lies in not in the system, which is structurally the best in the world, but in the natural limits of the people working within that structure. The most overwhelming disappointment to many lawyers is the realization that more often than not the system does not get to the right result because of these very ordinary limitations. If only they could see all the facts and all the law free of the taint imposed on their judgment by the various influences on their life and mind. But they can't. Maybe sometimes, not nearly always.

- David Speaker

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