American - Lawyer | -
It's not like learning how to hit a curve ball in baseball.
Floyd Abrams
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I just had the sense that at least the books that I had read about law just didn't really have enough of that.
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I really try at least to come back and answer the question as to whether that was really the best way to do that and was I really thinking straight and how did my opponents behave and how did the judges behave was needed.
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I am really impressed by lawyers who write books and tell us that they never lost a case. Most lawyers who have never lost a case have not had enough hard cases. But there are very difficult cases out there.
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It has something to do with the facts and the law and who the judges are. So I think lawyers sometimes exaggerate their role in winning and losing. Lawyers do have a role, and a major role, but they're not the only players in this game.
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I still owe a duty of loyalty to my clients and former clients, so I cannot specify which clients I did not especially find congenial, but the cause was the same.
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I think that it is important for people to understand that whether a good-guy or a bad-guy wins a case is less important than what the law is that the case results in.
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So sometimes the facts are good and sometimes the facts are bad, the important thing from the point of view of a principle as broad and important as freedom of speech is that the courts articulate and set forth in a very protective way what those principles are.
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I try to do that in this book without preaching - to try to do as you just said that you really have to defend the First Amendment rights of everybody.
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CBS exhausted the Texas courts. They went from the trial court to the intermediate court to the highest court.
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Here we have a situation where a defendant in a case agrees to an interview with Dan Rather. It happened to be not confidential. But it was an interview with Dan Rather.
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I mean the idea of this is that it's a good thing for the public to hear interviews like this and that there will be an inevitable amount of fewer interviews if people that the press talks to wind up thinking, well, it's not really a CBS correspondent.
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