Row 88012

Row ID: 88012 | Dataset Entry | Axioma AXP Content Repository

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And to add to that, sometimes — just sometimes — the partner is bored in an airport or needs to hit a number or something and so flyspecks the answer, and will flip out if a defense he’s expecting isn’t there. And since he rarely reviews work by junior associates, that junior associate will come to be associated in his mind with that one mistake — and the junior associate will never be on his team again.

And if it happens that the partner flyspecks it, it’s far better for the junior associate to wrongly have included defenses than to wrongly not have, because looking overly aggressive is better than looking like you forgot something. You can just say “oh, sorry, I know that’s a bit aggressive. Too much?” But justifying why you didn’t include something the partner thinks is crucial? Not fun.

And, of course, the usual downside to including a bad affirmative defense is that it’s stricken — which doesn’t matter, because it wasn’t a real defense anyway. So worst case the other side sends you a letter and you amend the pleading, usually. Whereas the usual downside of forgetting an affirmative defense is, as above, waiver.

That’s why this shit happens — and it happens in billion dollar cases just as in $10,000 ones.

FieldValue
text And to add to that, sometimes — just sometimes — the partner is bored in an airport or needs to hit a number or something and so flyspecks the answer, and will flip out if a defense he’s expecting isn’t there. And since he rarely reviews work by junior associates, that junior associate will come to be associated in his mind with that one mistake — and the junior associate will never be on his team again. And if it happens that the partner flyspecks it, it’s far better for the junior associate …
label r/news
dataType comment
communityName r/news
datetime 2024-05-24
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Raw Record

{
  "text": "And to add to that, sometimes — just sometimes — the partner is bored in an airport or needs to hit a number or something and so flyspecks the answer, and will flip out if a defense he’s expecting isn’t there.  And since he rarely reviews work by junior associates, that junior associate will come to be associated in his mind with that one mistake — and the junior associate will never be on his team again.\n\nAnd if it happens that the partner flyspecks it, it’s far better for the junior associate to wrongly have included defenses than to wrongly not have, because looking overly aggressive is better than looking like you forgot something.  You can just say “oh, sorry, I know that’s a bit aggressive.  Too much?”  But justifying why you didn’t include something the partner thinks is crucial?  Not fun.\n\nAnd, of course, the usual downside to including a bad affirmative defense is that it’s stricken — which doesn’t matter, because it wasn’t a real defense anyway.  So worst case the other side sends you a letter and you amend the pleading, usually.  Whereas the usual downside of forgetting an affirmative defense is, as above, waiver.\n\nThat’s why this shit happens — and it happens in billion dollar cases just as in $10,000 ones.",
  "label": "r/news",
  "dataType": "comment",
  "communityName": "r/news",
  "datetime": "2024-05-24",
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