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Advocacy

When I have a particular case in hand, I have that motive and feel an interest in the case, feel an interest in ferreting out the questions to the bottom, love to dig up the question by the roots and hold it up and dry it before the fires of the mind.
- from Recollected Words of Abraham Lincoln, compiled and edited by Don E. Fehrenbacher and Virginia Fehrenbacher (Stanford, California: Stanford University Press, 1996), p. 242.

In writing here about “What I do”, I use the single word “Advocacy” to represent a broader repertoire of capabilities and skills. Advocacy is the finished product of all the activity of the lawyer – – advocacy in the sense of persuasion. But persuasion and advocacy are, in a sense, only the well-made end product of a lawyer’s work with a diverse set of factual and legal raw materials.

In my view . . . in my experience . . . in my practice, advocacy as a lawyer on behalf of a client is a form of problem-solving. A lawyer’s calling consists to a great extent of exactly this – – figuring out the method best-adapted to solving a particular problem.

This begins with a sober and probing inquiry to gather the facts – – from the client herself or himself; from other persons; and from documents generated by persons or entities connected to the situation.

Then, I want to know which legal rules may apply to affect my client’s chances for achieving the outcome she or he wants. I see it as my job to distil the essence of those legal rules – – to “boil it down” into lucid advice for my client, in such a way that my client will be able to understand (1) what the law requires, (2) the range of ways in which a judge might apply that law to resolve the dispute we have with the other party, and (3) the plausible risks and benefits of proceeding in any particular direction on the matter.

My more than 35 years of experience enable me to provide a broad range of legal services. These include: (1) providing advice and representation in evaluating rights and responsibilities, and in structuring transactions; (2) analysis of contested legal issues; (3) planning and implementing litigation from inception through trial and appeal; (4) representation of the client in connection with negotiation with adverse parties; and (5) handling of presentations and appearances on behalf of – – and with – – the client in all forms of alternate dispute resolution (“ADR”) settings including judicial settlement conferences, mediation, arbitration, and early neutral case evaluation.

My practice in recent years has focused increasingly on the educational rights of students and their parents. [See link to page on this site with more about that.] However, I enjoy and continue to welcome the chance to serve clients on business disputes, business transactions, and a range of other matters. From time to time these have included cases involving general contract law, partnership law, real estate transactions and development, the authority and liability of brokers and agents, construction defect, environmental law, legal standards governing fiduciaries (trustees, conservators, guardians, executors and the like), corporate law, business torts, and tort law relating to injury from products and hazardous material.

In the technical arena of civil procedure, I have expertise in handling depositions of fact witnesses and experts, preparing motions to address a wide variety of discovery disputes, the analysis and crafting of motions for summary judgment, evidentiary issues, and motions in limine, as well as familiarity with issues relating to jury selection.

As important as are the above particulars, I work to keep foremost the concept that law is a service profession. To me, this means that the attorney can help most effectively by providing assistance that gives the client insight, clarification, strategies that fit the need, and implementation that is useful, ethical, and affordable.

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