Primogeniture

It is extraordinary how many people come into my office believing the oldest son somehow has some inherent right to govern the estate of the parents.

Being a lawyer, I start looking for authority for this rule. I start with Exodus 13-

The Lord said to Moses, “Set apart for me the first boy born in every family. The oldest son of every Israelite mother belongs to me. Every male animal that is born first to its mother also belongs to me.”moses

And thus Primogeniture was born, as well as animal law.

Note the ancient practice of Primogeniture called for the first born male to actually inherit, not just govern his parents estate. This lead to the ancient practice of fratricide as well.

Cain said to his brother Abel, “Let’s go out to the field.”
And while they were in the field, Cain attacked his brother Abel and killed him.

—Genesis 4:1-8
cain and abel
It has never been clear to me his motive, Abel was not the oldest. Cain was going to inherit anyway. Perhaps Cain got bad legal advise from the internet.

Here is something to keep the modern mind away from such sin; slayers do not inherit. See Revised Code of Washington.

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AVVO – The Computer Lawyer Rating System

I am presently rated 8.9 out of 10.0 on AVVO, a lawyer rating system.

I had been rated 9.1 out of 10.0, when a peer endorsement from a lawyer I had never heard of before in a far off state endorsed me. I deleted the endorsement because there is no way this man could know what to say about me.

And so I have a 8.9 rating. I am proud of it.

And I still wonder how the machine measure my experience, ethics and knowledge of the law.

All Things Being Equal

I saw this bumper sticker in Seattle yesterday.

equality

I am a student of how far that love goes. I mean, should we put weights on the flamenco dancer so I can keep up with her? flamenco guitar and dancer

Or take hiring a lawyer for example. Do you really want him to be an equal? I seriously doubt this, but I have to say, there are multiple occasions where I have been asked to buy into my clients emotional state as the place from which decisions are taken, rather than remaining the objective advocate I think the client wants.

Sometimes I have a guy come in and tell me he “has a great case” and goes on to demonstrate with remarkable detail why we are not equals and the law school education and 30 years of experience really does mean something.

Note I do not say lawyers are better than their clients, but they rarely think like a lawyer and if they could they probably wouldn’t be in my office.

If I could write down how to think like a lawyer I would but here is the best I can do:

What a lawyer has to do is sort out the wheat from the chaff.
wheat thresher
I am not sure that would fit on a bumper sticker, and our task cannot be diluted into a catchy, likable sound byte but here are the facts:

When the client arrives with the plan for what the lawyer, like a chess piece, is to do it is the job of the lawyer to decide what to do, and disregard the directions from the less experienced client, as all things are not equal, unfortunately.