The Facts, Just the Facts
The importance of an accurate analysis of the facts is often underappreciated, even by experienced attorneys. Inasmuch as the law follows the facts, an understanding of the facts is the foundation of any contested proceeding. It should be appreciated that the “facts” can often be a moving target and that it is common for litigants to engage in after-the-fact justifications or rationalizations of their client’s conduct. Understanding the facts gives counsel the chance to engage in reality testing with the client, who on occasion needs to be reminded that the strength of one’s position does not necessarily equate with the weight of the evidence. No matter how strong the belief, that belief needs to be tested against other evidence, particularly documentary evidence created at the time of significant events material to the underlying dispute.