Bringing a Lawyer to a Gun Fight

Dave Hoffman

Dave Hoffman is the Murray Shusterman Professor of Transactional and Business Law at Temple Law School. He specializes in law and psychology, contracts, and quantitative analysis of civil procedure. He currently teaches contracts, civil procedure, corporations, and law and economics.

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3 Responses

  1. Charlie Martel says:

    A good word about lawyers and judges. My guess is that when the history of this nation’s reaction to 9/11 is written, lawyers and judges will be written of most generously. Regardless of what one’s views are, the legal dialogue on the panoply of issues has been deep and most thoughtful. There are many stories of lawyers involved with these issues taking courageous, principled stands–think of military lawyers, Jack Goldsmith, John Ashcroft as people who took positions different from what might have been assumed. I raise them as examples but there are many others.

    We’re not all bad.

    Charlie Martel

  2. Mike O'Shea says:

    It’s interesting to read old (say, pre-1950) legal briefs by prominent members of the local or regional bar.

    One tends to find stuffy, although not graceless, diction — passive voice and such — combined with what a lawyer at a modern firm would deem a shortage of citations to authority and close analysis thereof.

    Of course, we have Westlaw.

  3. DH says:

    I respectfully dissent.

    “Hard-working” lawyers at mid-sized firms are padding their billables. They twist cases out of context. They cite too many cases to make their point. They withhold documents with bogus privilege claims. The “nuance” of their arguments usually is just misrepresentation. They write atrociously and commit fallacies with regularity.

    And because they do not respect the majesty of the law, they fail to think ahead to the appellate stage. While serving their clients efficiently during discovery and trial, they often fail miserably on appeal precisely because of their “win-right-now-at-all-costs” tunnel vision.