I my pretrial skills class am currently preparing to present my oral arguments in support of a motion for summary disposition.  I did my research.  I drafted my motion and supporting brief.  I studied all the supporting statutes and case law.  And then…I got the plaintiff’s counter motion and brief.  Whadda ya know, she thinks she has a great case too

Part of being a good law student (and a good lawyer) is being able to anticipate what the opposing party is going to do and say.  This can sometimes seem like a conundrum.  On the one hand we are to know our client’s position and case inside and out.  We are to focus on putting our client in the best position possible.  On the other hand, we must also be focusing on the opposing party’s case inside and out.  We must focus on how she will put herself in the best position possible.  Essentially, we must not only know what we want to convey but also how to respond and what to expect from the opposing party.

This can sometimes prove to be a formidible task.  It is very easy to become narrow minded and see things only from our client’s perspective.  We try so diligently to argue our client’s case in the best possible light that we sometimes overlook the fact that the opposing party will be doing the same thing.  It is imperative that for every point we make for our client we anticipate the opposing party’s response to that point.

F. Scott Fitzgerald once said in a famous quote:

The test of a first-rate intelligence is the ability to hold two opposed ideas in mind at the same time and still retain the ability to function.

This is the hallmark of a good lawyer.  As current law students we should learn the lesson now.  It may take some practice, but we must learn to do it and do it very well.  Most of us become very focused when delving really deep into an issue.  This is a good thing because it helps us to prepare quality work.  Just remember that for that detailed focus to be complete and fomidible it must be balanced.  Although the math may be strange, we must be 100% focused on our case and 100% focused on our opponent’s case as well.  We must do this and still retain the ability to represent our client the very best we can.  When we can learn to do that we will pass the test of a first-rate intelligence.

God bless and have a great day.