• About
  • Archive
  • Privacy & Policy
  • Contact
Dana Blankenhorn
  • Home
  • About Dana
  • Posts
  • Contact Dana
  • Archive
  • A-clue.com
No Result
View All Result
  • Home
  • About Dana
  • Posts
  • Contact Dana
  • Archive
  • A-clue.com
No Result
View All Result
Dana Blankenhorn
No Result
View All Result
Home

The Big Lie About Lawyers

by Dana Blankenhorn
January 6, 2009
in journalism, law, open source, Personal, politics
1
0
SHARES
3
VIEWS
Share on FacebookShare on Twitter

Cisco_logo-2a
There is a big lie about lawyer every lawyer knows but which reporters continue to spread nonetheless.

Lawyers are not miracle workers.

Some lawyers are better than others. Some lawyers blow cases. Other lawyers win cases they might not otherwise. But even the best lawyers can lose when the facts and the law are against them. Even a bad lawyer can win if the facts and the law are with them.

There's a great example in today's news. The Free Software Foundation, having failed to negotiate a settlement for some obvious violations of the General Public License (GPL) by Cisco Systems, has sued. So here were lawyers being quoted as saying Cisco might actually win in court, because they have such good lawyers.

Not going to happen. Cisco has no case. They are hanging tough in order to keep the settlement costs down. A stupid thing to do, in the long run, because they're losing credibility and goodwill every day the suit goes on.

But they are free to be stupid. Maybe they believe the lie as well. Doesn't make it true.

Al franken
But this nonsense really comes to glory when it comes to elections.

It's really a hangover from 2000, which was decided not by the expert lawyering of the Bush people but the stupid politics of the Gore people. Instead of recounting Democratic counties, they should have counted Republican ones — turned out that's where their missing votes were. Had they gone to Orlando and Jacksonville and Tallahassee instead of Palm Beach and Miami Beach, we'd be celebrating the end of the Gore Administration, not the end of our long national nightmare.

The same is true in the Coleman-Franken recount. This was a highly transparent process. Franken did not win this because Marc Elias is a great lawyer, or because those representing Coleman are stupid. It's because the state's canvassing board made certain to count all the absentee ballots, which in recent elections have tended to skew Democratic. Plenty of margin for error, given how such ballots are handled, to turn a 200 vote loss into a 200 vote win. But there were never any guarantees. It was the facts, not the lawyers, that made the difference.

We live in a world which assumes that the side with the best lawyers win. This is the cynicism of the Nixon Era made manifest. It is not true now, and never was. Most cases are lost, not won, and a lawyer who makes a costly mistake now may not next time.

But there are no guarantees. It really doesn't matter how good Bernie Madoff's lawyers are — he's going down. It doesn't matter how good the TVA's lawyers are — they're going to pay. Having a good or a bad lawyer can tip your chances one side or the other, but it's no guarantee. It never was.

The sooner the media starts reporting that truth the better off we all will be.

Tags: Al FrankenCiscoCisco SystemsColeman-FrankenFree Software FoundationGPLlawyersNorm Coleman
Previous Post

Decoupling the Grid in The War Against Oil

Next Post

Make Them Own It

Dana Blankenhorn

Dana Blankenhorn

Dana Blankenhorn began his career as a financial journalist in 1978, began covering technology in 1982, and the Internet in 1985. He started one of the first Internet daily newsletters, the Interactive Age Daily, in 1994. He recently retired from InvestorPlace and lives in Atlanta, GA, preparing for his next great adventure. He's a graduate of Rice University (1977) and Northwestern's Medill School of Journalism (MSJ 1978). He's a native of Massapequa, NY.

Next Post
Make Them Own It

Make Them Own It

Comments 1

  1. zaine_ridling says:
    17 years ago

    …Unless you’re Scooter Libby.
    More often than not (in the US), money buys access to the justice system. If you have the money or political influence to help or hurt a judge, you can own a courtroom, be it local, circuit, state, district, and sometimes very easily, federal courts. For example, compare any murder trial (or pick your crime) between someone with millions to spend for their defense (recall Robert Durst) compared to the guy who has to cash in his 401k after he’s been fired from his job after being arrested. Budget justice guarantees you a harsh sentence.
    Other than that brute fact, your best hope is to settle. That’s the best most lawyers can ever hope for.

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Recent Post

The Fall of Amazon

The Fall of Amazon

February 9, 2026
The Other Side of the Data Center Bust

The Other Side of the Data Center Bust

February 6, 2026
Green Shoots of Journalism’s Future

Green Shoots of Journalism’s Future

February 5, 2026
Why The Data Center Business is Doomed

Why The Data Center Business is Doomed

February 4, 2026
Subscribe to our mailing list to receives daily updates direct to your inbox!


Archives

Categories

Recent Comments

  • Dana Blankenhorn on The Death of Video
  • danablank on The Problem of the Moment (Is Not the Problem of the Moment)
  • cipit88 on The Problem of the Moment (Is Not the Problem of the Moment)
  • danablank on What I Learned on my European Vacation
  • danablank on Boomer Roomers

I'm Dana Blankenhorn. I have covered the Internet as a reporter since 1983. I've been a professional business reporter since 1978, and a writer all my life.

  • Italian Trulli

Browse by Category

Newsletter


Powered by FeedBlitz
  • About
  • Archive
  • Privacy & Policy
  • Contact

© 2023 Dana Blankenhorn - All Rights Reserved

No Result
View All Result
  • Home
  • About Dana
  • Posts
  • Contact Dana
  • Archive
  • A-clue.com

© 2023 Dana Blankenhorn - All Rights Reserved