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Writing for a judge: Difference between revisions
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Therefore, we should not be surprised, when judges get financial services decisions wrong. And sometimes they do: {{casenote|Greenclose|National Westminster Bank plc}}; {{casenote|Citigroup|Brigade Capital Management}}. To be sure, they are just as likely to get them right, such as {{casenote|Barclays|Unicredit}}, and this is not to criticise the judiciary, but only to state an undeniable reality. ''You need to be close to this stuff to understand how it works''. It is ''in no way'' intuitive. It is ''hard''. Much of it is ''nonsense''.<ref>To which this site is reverent testament.</ref> [[Litigation]] is, at best, a ''crapshoot''. | Therefore, we should not be surprised, when judges get financial services decisions wrong. And sometimes they do: {{casenote|Greenclose|National Westminster Bank plc}}; {{casenote|Citigroup|Brigade Capital Management}}. To be sure, they are just as likely to get them right, such as {{casenote|Barclays|Unicredit}}, and this is not to criticise the judiciary, but only to state an undeniable reality. ''You need to be close to this stuff to understand how it works''. It is ''in no way'' intuitive. It is ''hard''. Much of it is ''nonsense''.<ref>To which this site is reverent testament.</ref> [[Litigation]] is, at best, a ''crapshoot''. | ||
So if you design your drafting for the benefit of judges | So if you design your drafting for the benefit of judges in priority to the men and women who are party to it, you are out of your mind. But for the very same reason, the best means of drafting for a non-specialist judge is exactly to draft for a non-legally qualified client: if it is clear to the counterparties, it will be clear to a judge. But even better than that, if it is clear to the counterparties ''it will never come before a judge''. That is your optimal outcome. | ||
''No one litigates an argument that they know they will lose.'' | |||
{{sa}} | {{sa}} | ||
*[[Ditch tolerance]] and [[ditch proximity]] | *[[Ditch tolerance]] and [[ditch proximity]] | ||
*[[First law of worker entropy]] (also known as the [[anal paradox]] | *[[First law of worker entropy]] (also known as the [[anal paradox]]) | ||
{{ref}} | {{ref}} | ||