Another great post at Build A Solo Practice, LLC:

Do you know how your potential client will find you?  Have you done a survey of your existing clients or studied secondary information if you are just starting out to determine the best marketing/advertising vehicles to reach them?  With money tight, the scatter shot approach is

Building on my prior post about there not really begin any "50-50" cases, the NYTimes interviews a
a physician and molecular biologist who teaches judges about science and genetics:


A. Well, a scientist almost never says anything absolutely. Everything is a theory, to be disproved or adjusted later on. Judges worry a lot about the certainty of conclusions, too. Judges are used to thinking of truth as an elusive concept. A lot of judges, when you bring up “the truth,” they roll their eyes. They say, “I don’t know what to say about truth. I do know about probabilities.”

As I wrote before, "If you can see a wide array of evidence and argument, which it is your sworn duty to evaluate, and yet you remain totally unmoved, then the problem lies with you, not with the inherent unknowability of the world."  I think that is a common ground between science and law, the acceptance that absolute certainty of the rightness of one’s result is neither possible nor necessary.

It’s worth pondering a bit more. Back in law school, I took a number of classes with an extraordinarily intelligent professor who had, among other academic achievements, previously edited a 14 volume hornbook in a particularly dense, broad and complicated legal field. He was recognized by most of his peers as the smartest professor there, and had devoted more brain power to considering the law as a whole than most anyone on earth.

He was also a cynic, dismayed by the ease with which judges would produce inconsistent arguments and wholly irrational theories of law — frequently at odds with their own prior opinions — just to support a particular position in a case before them. So at one point, I asked him, "is anything in the law real, or is all just made up after the fact to justify the decision?"

He answered quickly, "burdens are real. Whatever else is going on, the burdens of production and persuasion tell everyone what they’re supposed to do."

Continue Reading Truth vs. Probabilities: Judges, Law, Scientists and Science