Search Site
Menu

Civil Litigators… In the Beginning… Continued

New lawyers are equipped with legal research and writing skill. The question becomes, however, how does that translate into writing the memoranda or other document in the real life world of advocacy? Something like an offer of proof for court, a brief in the discovery process, or certainly a demand letter to a tortfeasor’s insurer can require different skills than writing formal legal papers in a classroom. The classroom requires much more focus on case law. Perhaps the difference between the two realms is not so much a difference in style, but a difference in emphasis. The “real world” setting requires focus on case law, but as judges will tell you, as between case law and facts, facts are the far more important. One of the biggest exponents of that notion is the very respected Judge William Young of the United States District Court in Massachusetts. In law school, facts tend not to be the focus because the teaching method has for a hundred years relied on teaching law by appellate cases.

There is an old legal joke that goes something like: “If the facts are on your side, argue the facts; if the law is on your side, argue the law; and if neither is on your side, argue.” I do not want to contribute to cynicism towards a profession I greatly admire and enjoy. I will simply add to that joke, never forget the facts.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Colleen and Robert were very responsive during a long process, always ready to answer our questions. They exhibited that much-needed combination of listening to us as clients and guiding us with their expertise, through all the delays and obstacles e...

    Read more

    Doug Haslam

  • google
    5.0/5.0

    Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...

    Read more

    Hillary Nelson

  • google
    5.0/5.0

    While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...

    Read more

    Catherine Connor

  • google
    5.0/5.0

    I worked with Colleen Santora and had a great experience! I was very overwhelmed after my injury (MBTA at fault) and she made the process clear and easy. She always answered any questions I had and answered my emails within minutes every time. She al...

    Read more

    Farwa Faheem

  • google
    5.0/5.0

    On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...

    Read more

    Jackie Salyers

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form

  • This field is for validation purposes and should be left unchanged.