Mock Trial and Real Trial


I wrote here that

“Mock trial” is to trial as ballroom dancing is to gladiatorial combat

(which inspired my choice of Pollice Verso as the art for this blog).

Dallas criminal-defense lawyer Robert Guest has found another metaphor, which he applies to pro se litigation, but which I shall misappropriate in a moment:

The problem: proceeding pro se isn’t real criminal defense anymore than
I am really on tour with Van Halen. Just like Guitar Hero, you are giving the
system what it wants (money, speedy disposition); not defending
anything.

Mock trial is to trial as Guitar Hero is to touring with Van Halen.

Most excellent. Party on.

Robert’s inspired “Guitar Hero” simile applies in just about any situation where someone thinks that this job might be as easy as it seems on TV.

Scott Greenfield asked recently for a phrase to describe the commenters who, having read the blawgs, think they are, by virtue of that experience, experts on the law. Voila: Hornbook Hero.

Meanwhile, Brian Tannebaum answers a hopeful lawyer-to-be’s question: “Do I need a lawyer for the hearing at which the bar will be deciding whether to allow me (despite some youthful indiscretion or other) to practice law?” Brian’s answer? No, of course not.

Just pick up that guitar and start pushing buttons.


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