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The great philosopher Yogi Berra once said about his profession, “Baseball is 90% mental, and the other half is physical.” As you will note, this adds up to more than 100%. A well known teacher of evidence who has served as a judge for three decades once told me that between facts and law, facts count for 99%. At this point, I think it important to recall that above-cited “Yogi-ism” and to say that law counts for 50%. Why?
I believe that the judge was only trying to point out how you can never minimize the facts of a case. Perhaps he was concerned that young lawyers, fresh from a law school education, which tends to emphasize appellate decisions, would mistakenly overemphasize law at a cost of paying attention to facts. That is certainly worthwhile point. However, with all due respect, law provides the framework to assess facts and to help us to determine if a case is viable. The two work in concert and actually require additional factors to determine conclusively viability and worth.
Under certain circumstances, judges can remove from a jury’s consideration aspects of a claim or even whole claims. They do this when granting summary judgment where “there is no genuine issue of material facts.” Inextricably linked to that decision is the law and the facts. Maybe Yogi had it right and, in the legal context, facts are 90% and the other half is law.
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5.0/5.0I’m a college student in the Boston area who suffered a pedestrian personal injury in December of 2022. Thankfully I was put into contact with Feinberg & Alban PC and I worked closely with Robert and Perry Feinberg who treated me with respect and f...
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My mom had a great experience with Feinberg as her attorney, after she fell near her house, and he took her under his wing. Mr. Feinberg was helpful, very organized and kind. He helped my mom a lot, very happy with results
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I have been using Marsha Alban's services and advice for many years. Initially, I interviewed several lawyers, and Marsha was definitely the best! She took time to listen, she was very compassionate, and she explained everything in detail and answere...
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Wish I could give higher than a 5 for this review. From the start the dedication to detail, care and skill that was applied to my case was outstanding. Robert Feinberg is exceptional at representing his clients. His depth & breadth of experience make...
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