Describe the facts of a lawsuit to an experienced attorney, and the attorney will quickly tell you, with surprising accuracy, which side will win and why. The scary thing is that in many instances, if you describe the facts of a lawsuit to an intelligent lay person, the lay person will quickly tell you, with surprising accuracy, which side will win and why.

Nonlawyers can do this because the law isn’t just a set of rules to be memorized by candidates for the Bar, nor is litigation a game of paper covers rock, rock breaks scissors, and scissors cuts paper, as if winning were a matter of finding a precedent better than the precedent invoked by the other side.

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