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When you think about judges and umpires, baseball and the law fit nicely together. As Justice Roberts once so famously stated:
Judges and justices are servants of the law, not the other way around. Judges are like umpires. Umpires don't make the rules; they apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules. But it is a limited role. Nobody ever went to a ball game to see the umpire. .... I will remember that it's my job to call balls and strikes and not to pitch or bat.
But beyond umpires, baseball can offer you a good lesson or two on the law. If you’re looking for some legal homeruns, read these article one the intersection of baseball and the law.
The power of analogies lies in comparing two things for the purpose of persuasion. Part of this power erupts from the triggering of emotions, which affects decision making.
What does a hit movie starring Brad Pitt have to do with how you run your law practice? Plenty.
Opposing counsel screws-up, and you win your case. You’re not a monster if you don’t “feel bad” for your adversary. That’s not to say you should revel in his or her ineptitude. But pity and sorrow? Their absence doesn’t make you heartless.
The umpire metaphor has become synonymous with judicial restraint with the idea that judges are merely arbiters, and their job is not to set aside precedent and create law but to decide cases on the basis of established law.
Attorneys who own their own firms can learn a thing or two from Billy Beane, the general manager of the Oakland Athletics, featured in the award-winning movie “Moneyball.” Say what?