At the beginning of the semester, the school gave the Legal Skills II (LS) students the scenario for the semester's project. I haven't figured out if the Professors hired a Hollywood writer from the Law & Order series or not because the scenario is something Hollywood would dream up. The scenario involves a high school student who is suspended for her internet speech. The student based her message on the Westboro Baptist Church message: soldiers dying are because God is punishing the military and America for favoring homosexuality.
This past week the Supreme Court released their ruling on a complain against the Westboro Baptist Church (WBC). A grieving father sued the WBC for intentional infliction of emotional distress after the WBC protested at his son's funeral. The Supreme Court ruled on the side of the WBC. And the whining in the school began.
The ruling had an immediate impact on the LS project. And to add alcohol to the open wound, the Seventh Circuit released a ruling on a school Free Speech issue closely related to the LS project. Much like real life as a lawyer, the recent rulings affected each side's stance in the LS project.
The professors divided the classes into two groups. The professors then assigned each group a client. One group was assigned the student; the other group the school board. Only one side was whining about the rulings - the school board.
Of course, in real life, as a lawyer, times will exist where a recent ruling will be released which will affect your case. The affect could be positive, negative, or not at all. A lawyer has to deal with those situations. Why not learn that lesson in law school?
Most of us are passionate for our side of the issue. The school board side knows it would lose if this was an actual case. The two rulings hurt its side more than the student side. But, as in real life, take the punch and roll with it. A good lawyer will take the rulings and make sure his or her arguments are the best. As a lawyer, you want to win. But win for the right reasons. If you are supposed to lose in the sense the ruling is not in your favor, you must win another way.
When your side should lose, the only way for you to win while losing is to give your side the best shot - write persuasively, argue persuasively, do your best. This is what the system is all about. While one side will win with a verdict in that side's favor, the other side can win too. Win by proving the system works the way it should. You gave your side your best and you lost because you were destined to lose not because you gave a bad performance.
This past week a true law lesson came down from the Supreme Court. Some viewed the lesson correctly, others may not have. In the end, I hope all students see the lesson to be learned.