Earlier quoted context omitted.
Incorrect, especially the statement that “the vast majority of what lawyers do has nothing to do with judges. It has to do with drafting contracts and interpreting legislation and legal precedent.” I think you’re confusing arbitration or litigation as the aspects of lawyering which involve judges. In fact, just about all actions undertaken by lawyers are with an eventual audience of a courtroom and a judge in mind. Y…
I think we are writing past each other. The article talks about lawyers being good communicators and being prepared, the implication being for court to argue in front of a judge. This is what I am saying is a tiny, infinitesimally small portion of the legal profession as a whole. You changed the topic to be “with an eventual audience of a courtroom and a judge in mind”, which I don’t disagree with. This needs to be t…
To say it has nothing to do with judges is the overstep. Those who practice know that the end-state of almost all legal analysis is “what would the judge say?” and it’s laughable to think that the prototypical lawyer doesn’t actively consider how their work will be interpreted by legal authorities.
As a layperson, you saw the commentary about communication and preparedness and you thought this was an article about professional decorum and skillsets. It is not: the author saved the punchline for the end, and tied his observations about the practice of law, jurisdictional incongruities, and legal culture under the deft umbrella of legal realism and its affects on the above. How does it affect or undermine lawyers’ interpretation of the law? How do judges weigh the various influences that impact their decision making? And, all this together, what kind of legal culture is created from the variance of these actors and factors?
But hey, let’s make this fun. You list an area of law that does not interact in any way with judges or jurisprudence, and I’ll respond appropriately.