Fletcher Law Firm - Rochester, New York, Attorney, Wills, Estates, Disability


Wills • Estates • Disability


Jul 16, 2022

Law and the courts depend on facts.

If you were in court in a civil case for a broken contract or a personal injury case for a broken bone, would you want the facts to count, for the jury or judge to pay attention to the facts?

Or if you were in court defending against a wrongful charge or even traffic ticket — would you want the facts to count, when they are in your favor?

Or, on the other hand, to convict the person who acted illegally?

Do you want your doctor to pay attention to, look for, and rely on the facts of your health condition?

Lawyers and engineers understand process.

Lawyers and engineers rely on facts.

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(c) 2022 Jere Fletcher.  All Rights Reserved.

May 4, 2022

May 1st in the U.S.A. is Law Day, the day we celebrate the foundation of law in this nation. Law is the fundamental principle that unites us, our common adherence and respect for the law, for legal principle and judicial process. We celebrated it Tuesday because this year May 1st was on Sunday.

I got to talk with several judge acquaintances and professional friends, including one whom I had not seen since February 2020 before the pandemic lockdown.

One of the state court judges noted that without a lawyer, too many people now come into court behaving and talking badly—disrespecting the process, each other, and the judicial context. The internet has been a bad influence on people's attitudes, civility, and behavior.  Other state and federal judges concurred.

Court is not a place where you have a family-style argument with the people on the other side of your lawsuit. You are there because you could not work it out or could not be civil to each other before. Now you require a referee (a judge) and a ruler. And you do not want to annoy the person who is going to decide your case.

Be quiet. Listen. Behave. Be civil.

The federal judge made several interesting observations.  A judge needs to be willing to listen and to be open to the facts. Would you want your case decided where the other side just makes stuff up, no proof, no documents, no facts? The facts and a good argument can change a point of view about a case. Cases and decisions are fact-based, and a judge listens to both sides. Court is not a free-for-all.  Litigants, attorneys and judges all need a structure that is uniform, predictable, and fair to the parties without favoritism of one over the other. These are the ideals, the standards that legal professionals strive for day after day.

The local chief federal judge read from the Preamble to the U.S. Constitution and discussed the document. The Preamble is an introduction and statement of purpose. It provides context to the Articles and Bill of Rights that follow.

"We the People of the United States, in Order to form a more perfect Union,

establish Justice,

insure domestic Tranquility,

provide for the common defense,

promote the general Welfare, and

secure the Blessings of Liberty to ourselves and our Posterity,

do ordain and establish this Constitution for the United States of America."



The rule of law and an independent judiciary are foundations of this country, this nation as a people. It is what unites us as a country.

I quoted back to one of the federal judges the observation of an engineer friend: What engineers and lawyers share in common is an appreciation for process.

The judicial process is a learning experience for judges, the ones that are open to listen, open to the facts—as they should be. Lawyers are educators as well. And judges decide after listening and being educated about the specifics of the case.

As a judge early in my court career said to us as opposing attorneys in a case, “What is sauce for the goose, is sauce for the gander.” (Hon. Ted Dachenhausen, J.S.C.). Things cut both ways. If you want it this way once, you will get it that way the next time even when you don’t want it. The same rule applies in the same or similar situations.

Our system of law works on principles. They help make law and our personal behavior and societal conduct predictable, safe, and civil.

(c) 2022 Jere Fletcher.  All Rights Reserved.



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