The Law of Unintended Consequences

MP900422756 Today is one of those days where I get to blog on a subject that interests me; not quite an e-anything, but possibly something that might matter to us down the road – strategy.  A lot of people, lawyers included, fail to take into account the importance of strategy in a legal context.  Sure, I touched on early case assessment the other day – and that’s definitely an element – but I’m drilling a little deeper than that.  My thought process was piqued by an article in the New York Times regarding the life cycle of cases as they meander up the chain to the Supreme Court.

Let’s put it this way.  If you’re in the camp that stakes out a firm position, then pursues it at warp speed, this article will make you crazy.  But you know what?  It’s reality.  Not every case is appropriate for the SCOTUS, even if they’re willing to grant certiorari.  In fact, they may hear it with the idea of ruling against your position.

Where is the connection to our concerns?  Well, obviously we deal in evidence.  And, although sometimes I think I’m one of the few who believes so, criminal procedure is prominant.  And of course, how many times has the right to privacy been cited?  That’s just for starters.  It’s only a matter of time before one of these cases meanders its way to the top.

I’m thinking, maybe the one where that guy might get two years in prison

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