Issue Spotting: Vayeitzei’s Ten Commandments’ Moment

Issue Spotting is an essential legal skill. The Torah Portion Vayeitzei provides a target rich environment to employ it to address Decalogue and Decalogue-adjacent issues. The Portion offers an opportunity to unleash one’s inner barrister! For those wanting to taste the legal profession or a Bar Exam, this Post invites you into an attorney’s mindset.Continue reading “Issue Spotting: Vayeitzei’s Ten Commandments’ Moment”

Emor: The Big Message?

“All Animals are created equal, but some animals are more equal than others.” George Orwell In the Torah, death penalties stand out. Seemingly slight offenses, i.e. gathering wood on the Sabbath, Numbers 15:32-36, have been subject to capital punishment. In these instances which include the severe sanction, is Torah actually intending to send a biggerContinue reading “Emor: The Big Message?”

The Top Ten? The Big Ten? Yitro

“As horrible as this is (especially in light the Aqedah), it conveys the seriousness of this commandment and of the principle that the Ten Commandments outweigh other laws.” Richard Elliott Friedman, Commentary on The Torah In legal systems, some laws override others. For example, the United States essentially has two forms of law- State andContinue reading “The Top Ten? The Big Ten? Yitro”

Lost In Translation? “Shall” or “May”

Legalese is full of magical incantation; alchemous word precision can secure financial victory or exact an extended incarceration. With these stakes, Judges and Lawyers use their words wisely. Ambiguity within legalese is the murky moat of despair. As such, translations of legal works can serve as bucketfuls of polluted moat water. Unclear, imprecise and biasedContinue reading “Lost In Translation? “Shall” or “May””

A Ten Commandments’ Moment From Mishpatim: God As My Witness?

As a practicing lawyer for over 33 years, I have spent decades litigating newly enacted legislation. No matter how well-crafted or conceived, laws always contain ambiguity. After the provision of the Ten Commandments in the Yitro, the Torah Portion Mishpatim follows with the announcement of seminal laws shaping Judaism. One of the most notable from Mishpatim is theContinue reading “A Ten Commandments’ Moment From Mishpatim: God As My Witness?”

How To Make A Winning Argument, Pinchas

if you are ever sued by the law firm mahlah, noah, hoglah, milcah, and tirzah, watch out! in the pinchas torah portion, this firm won an eternal landmark case before the highest of authorities. the portion pinchas notes that ” the daughters of zelophehad the son of hepher, the son of gilead, the son ofContinue reading “How To Make A Winning Argument, Pinchas”

The Art of Winning Arguments: A Ten Commandments’ Tale

my old boss, one of the finest appellate attorneys in our field of practice, handed over to me the task of writing an appellate petition. the court of appeal, in the area of law, had the discretion to accept or deny the petition for writ summarily. i was new to the field and quite inexperienced.Continue reading “The Art of Winning Arguments: A Ten Commandments’ Tale”

A Learning Moment on The Art of Conversation: Facts, Opinions and Judgment for Non-Lawyers: A Ten Commandments’ Tale

people often hate having conversations with lawyers. why? because they know how to win arguments. this blog post will assist “non-lawyers” on why lawyers win, how they too can be a “winner,” and share the “teaching moment. ” lawyers are taught to understand the fundamentals of fact, opinion and judgment. a justice system designed toContinue reading “A Learning Moment on The Art of Conversation: Facts, Opinions and Judgment for Non-Lawyers: A Ten Commandments’ Tale”

A Truthful Witness Can Be Brutal: A Ten Commandments’ Tale

both civil and criminal trial witnesses are wild cards. they are the box of chocolates. you never know what you are going to get. three decades of trial experience has brought me to the first two essential words of trial testimony: “pandora’s box.” in essence, keep things clean, simple and to the point. trying toContinue reading “A Truthful Witness Can Be Brutal: A Ten Commandments’ Tale”

The Phone Call That Destroyed the Me-Too Agenda: A Ten Commandments’ Tale

“Senate Democrats released a statement on Friday saying the allegations are “serious and deeply troubling,” based on what is in media reports. They said due process should run its course and that they will refrain from further comment until more details on the charges are released.” azcentral.com when the arrest of a prominent state politicianContinue reading “The Phone Call That Destroyed the Me-Too Agenda: A Ten Commandments’ Tale”