What do litigators and soldiers have in common?

[Roguish Lawyer]

You have politicians/civilians controlling your actions, and we have clients.

While we both have control over operations/activities while they are underway for the most part, we both seem to be constrained by the fact that we can make recommendations and outline risks and benefits of various courses of action, but ultimately don't make the final decision. This is incredibly frustrating, because I sometimes think my clients are unwise, but this is just how it works. I'm just a tool, and my effectiveness depends on how I am used (including how much freedom I am given to operate).

I have to call witnesses or not call witnesses, file motions or not file motions, or take positions or not take positions, when clients make decisions against my best judgment. Sometimes, when there is a bad result after doing something I did not want to do (or not doing something I wanted to do), the client blames me anyway. And the attorney-client privilege, like a soldier's confidentiality obligations, often prevents me from explaining to third-party observers what really happened and why. So I too can get "hung out to dry," although obviously not with the same consequences.

Anyway, not sure why I was thinking about this stuff, but there you have it.

[Sacamuelas]

Originally Posted by Roguish Lawyer

I'm just a tool...

Couldn't have said it better myself, you really are.

[Roguish Lawyer]

Originally Posted by Sacamuelas

Couldn't have said it better myself, you really are.

I knew that was coming . . .

[lksteve]

Originally Posted by Roguish Lawyer

Anyway, not sure why I was thinking about this stuff, but there you have it.

why is not the question...who are you billing for this, that's the question....
me, this is going as calculations for my favorite client...

[Roguish Lawyer]

Originally Posted by lksteve

why is not the question...who are you billing for this, that's the question....

Well since you read it, I think I'll bill you.

[Jack Moroney (RIP)]

I think we have a few more variables that impact on how we do business. Things like weather, the enemy, terrain over which we have no influence. Other things such as the troops we have available and their ability to do the job, the time and space in which we have to operate compounded by constraints called rules of engagement which may vary from situation to situation and the ever present fog of war that muddles everything. While your constraints are codified in legal precedents and are often black and white we operate in grey areas where there are no breaks, side bars, and, if we are very lucky, only mission type orders where we can use intelligent initiative where it is often more important to act first and ask for forgiveness later. Where your outcome is geared to helping your client our outcome is geared to taking care of our troops while accomplishing the mission where the written word is often nothing more than a guide and the consequences of failure is death and may have consequences with implications that affect nations. While we share many of the same frustrations when dealing with the imperfections of human nature ours are compounded by fear, fatique, and expectations that require efforts both mental and physical that defy understanding. While I truly respect what you do and the mental accumen it takes for you to do it, not to mention that I am sure you are also a fine dresser, I see little that our professions have in common save the fact that we both do what we do because it is what we are best suited to do and would do no other.

Jack Moroney-just a gut reaction, nothing personal, and a very short summation of some of the points most easily explained

[lksteve]

Originally Posted by Roguish Lawyer

Well since you read it, I think I'll bill you.

bill the company...we can pass it off to another one of my favorite clients...

[Sacamuelas]

Hey RL... I am beginning to think Colonel Jack doesn't like college boys.
We may have to get him a Harvard sweatshirt like NDD's. LOL

Well said, Sir. Although I highly doubt RL was going for a direct job comparison. He isn't that naive. Me on the other hand, well I know I deal with the same job difficulties. haha

[Jack Moroney (RIP)]

Originally Posted by Sacamuelas

Hey RL... I am beginning to think Colonel Jack doesn't like college boys.
We may have to get him a Harvard sweatshirt like NDD's. LOL

Well said, Sir. Although I highly doubt RL was going for a direct job comparison. He isn't that naive. Me on the other hand, well I know I deal with the same job difficulties. haha

I figured he wasn't but my wife is into some new brand of coffee that I was sipping on while I hit the key board. Got nothing against college boys just professional academicians, which does not apply to anyone on this site.

Jack Moroney