Arizona Attorney - March 2014

FOR ARGUMENT’S SAKE

I enjoyed Robert McWhirter’s article “Think Like a Lawyer” in the January issue of ARIZONA ATTORNEY. But I was left wondering: Did Mr. McWhirter commit a logical fallacy of his own? In his dissection of Ann Coulter’s defense of the death penalty, he appears to misstate her intended premise. When she cites Sharia law, she is not holding it up as a model of consistency, rather she is attempting to defend this country’s apparent inconsistent application of the death penalty, claiming that divergent sentences are a natural (and therefore acceptable) by-product of a judicial system that allows for “ compassion, discretion, and leniency.” In short, for once, she is not directing her venom at judicial discretion, as the author suggests. She is instead arguing that the pursuit of consistency can lead to an overly rigid judicial system.

I don’t know the Latin name for misinterpreting an opponent’s premise, but the technique is commonly practiced, and deserves its own moniker.

—Brian Dando

A SHINING EXAMPLE

I was thrilled to see Susie Salmon’s column (“The Legal Writer’s Bookshelf,” Dec. 2013) recommend Stephen King’s On Writing as a guide for good legal writing. I thought I must be the only lawyer whose writing is influenced by King. Like all writing, the best brief-writing weaves a compelling story, specifically about why your case deserves to prevail. King is a master storyteller, and his fiction writing is always fun, interesting and persuasive in the sense that readers buy into his world. Lawyers would do well to emulate his style.

—Clint Bolick Vice President for Litigation Goldwater Institute

OFFICE CHOICES COMPLEX

Owning versus renting is more than a
math problem! Unfortunately, Beth Jo Zeitzer’s article in the January

2014 issue left out many important considerations. Among them are: ( 1) the lack of career flexibility for a solo practitioner, or attorneys in a small firm, if one or more of them chooses to join a larger firm; ( 2) the burdens attendant to being a landlord, if building space exceeds the amount of space the firm needs; ( 3) the impact on a firm’s growth plans if existing, owned space is too small for a growing firm; ( 4) the potential for a lack of alignment between ownership of the building and ownership of the law firm, as new attorneys join the firm who may not be building owners; and ( 5) a lack of liquidity when a senior firm member/owner of an interest in the building retires or dies. (Surely, there are more!)

Long-term leases present some of the same issues, and I do not advocate for month-to-month tenancies. That said, the article offers a rosy view of the real estate market, as if the 2007-2008 crash won’t happen again in our professional lifetimes, and really ignores many considerations that go beyond a “you should pay yourself, not somebody else” philosophy.

—Mark Rubin Mesch, Clark & Rothschild PC Tucson

SOUNDOFF

ARIZONA ATTORNEY is proud to provide a forum for members to voice their opinions. Letters should pertain to recent articles, columns or letters to the editor, though letters of more general interest will be considered.