From the President:
Where the Courtroom Meets the Football Field

by Jennifer Little

While watching the playoff games last Sunday, I was surprised to see a flag thrown for a completely unintentional, non-malicious bump of quarterback Aaron Rogers’ helmet. While discussing the call and resulting penalty with friends, I realized there are several parallels that can be drawn between the sport and the profession that I love so much.

Just as in football, a court of law has its players. Everyone comes to the big game dressed in uniforms and ready for a fight. Weeks of preparation, along with a bit of nerves, underscore the importance of the action at hand. The national anthem is sung and the teams meet in the middle of the field for the coin toss; attorneys hear the “all rise” and meet at the bench to join issue.

The attorneys are the coaches. They call the plays, guide the players and design a game plan according to the strengths and weaknesses of the teams. In the end, the result comes only from that game, with those players, and how it was played that day. It comes from your witnesses, your evidence, and how you choose to present them. Just as the coach has to stand back when his players take the field, the attorney must sit down when he puts his witness on the stand and subject him to the rigors of the defense. Attorneys and coaches always have their game plan, a certain mindset of how the game should proceed. But just as in sports, attorneys are acutely aware that what happens on the field is oftentimes nothing like the plan. There are unexpected interceptions and fumbles. Sometimes you get the ball back right away, but other times you cannot recover.

Judges are obviously the referees, deciding what plays are appropriate, which moves require sanction and which actions are totally forbidden. They work with a set of rules and guidelines to help them make the critical decisions necessary for the game to exist. We know they are doing the best job they can, but judges, like refs, can sometimes blow a call. Even the fundamental rules are sometimes incorrectly called but it is typically the smaller rules that are more controversial. Most times, these small incremental rulings throughout a game do not impact the outcome but sometimes you are in the red zone or final seconds of a game where the call determines who wins. When mistakes are made, coaches challenge the ruling and the referee is given time to review the call and must determine whether there is indisputable evidence. After a ruling in the courtroom, attorneys ask for additional time to find a case or argue further. Sometimes, we have to throw a flag and ask the court of appeals to review the call, and we will likewise be limited by certain standards of review.

As in football, there are times that we must decide whether to go for it on fourth down. We look at the current standing of the teams. We look at the circumstances of the down. We make a judgment call and decide how to proceed. We must determine whether to play it safe and go for three or whether to take the chance and risk it all, possibly with no gain.

In the playoffs and the courtroom, every game is a big game. Whether it is against your biggest rival or the highest ranked team, you always know it will be a battle and that anything can happen on any given Sunday. As you enjoy the Super Bowl with the people you care about, please take a moment to reflect on your own “game.” In the end, your career is a culmination of many games, but only one bad play outside the rules can impact your entire reputation as player. So when contemplating your next move do not lose sight of your goal. You want a reputation as a hard-charging player, but one who always plays within the rules.

And the next time you have that game changing witness on cross and you are wondering whether to ask the question you don’t know the answer to, ask yourself – should I go for it on fourth down?