From a conversation I was having with [Zanshin]:
On a slightly related note, I think I’ve narrowed down one of the problems that I have with working with inexperienced people in the legal field.
Especially when they come straight out of school, one of the big problems is that they’re geared to much towards academic strategies to getting the better grade.
There are a lot of bad habits that come from trying to get good grades– for one thing, academic law doesn’t reward you for creativity. Secondly, it encourages you to use the “kitchen sink” method of covering everything non-substantially just to show off the a professor that you know your stuff.
I suppose academic law still requires you to “answer the question”, but it never asks you to answer it with commercial realities taken into account.
Easiest way of pointing that out is the example of a client of ours who, we think, is probably entitled to win his case on legal grounds, and the winnings are worth, say, $X. However, he has already spent about $5X in legal fees, against our recommendations.
And he just keeps racking this shit up on the principal of it.
Because “he’s right.”