Posts Tagged ‘legal briefs’

Cases Are Won Before Their Day In Court

In Solar Measure B, Uncategorized on January 13, 2009 at 11:48 am

This may sound strange to those outside the legal community, but most cases are won before court is even in session. The victories I am talking about are the ones where there is no mediation, there is no settlement – there is your day in court, before a judge, where both sides can argue their case, and the judge will rule.

Pre-trial motions and briefs are used to present your argument (your case) before your day in court.

A court appearance is not a starting point – it is an ending point. The court appearance is not the time when an argument is presented – it is when the argument that was presented is defended. So if you show up and have to say very little to defend your argument – it means that your pretrial motions and briefs were either extremely persuasive, showed an incredible grasp of the issue, or both.

Margaret Thatcher once said that “Ronald Regan won the cold war without firing a shot.”

As Ron Kaye notes on his post talking about the Measure B ballot fight:

“The judge’s mind was made up in advance of the hearing and City Attorney candidate Noel Weiss — who came to the rescue of the Solar 8…”

Well it looks like Noel Weiss won for the Solar 8 with out firing a shot, either. Not because he just showed up and the judge agreed with him, not because he is an expert in election law (he isn’t), but because he took the time to understand the issue and craft a persuasive argument before the trial began.

When Ron Kaye and Jack Humphreville called at nearly the last minute after no one else would defend them against the establishment’s attempt to suppress free speech, Noel Weiss delivered for them under pressure. This is what Noel has done on behalf of tenants in this City as well has homeowners during the last four years (often for minimal or no compensation whatsoever). It is what is behind the litigation that Noel is pursuing to set aside the SB 1818 implementation ordinance the City passed last year. As your City Attorney, Noel Weiss will continue to fight for the people of this City.

-Marc Weiss