Chris Pook said:
OGBD - have you ever wondered why there are two lawyers at every trial?
Facts are always in dispute. Otherwise lawyers would be out of work.
As a matter of
fact (see what I did here!), you picked the wrong example here, Chris.
Been a lawyer for 30 years, and funny enough, I never wondered why there were two lawyers (at the very least - I've seen teams of 10 lawyers per side ;D) at every trial: I have always known.
And it has nothing to do with "facts always being in dispute". Actually, Chris, it is a
rare thing before the courts to have a
dispute over the facts. You some times have disputes over a limited sub-set of the facts, and funny enough, it usually occurs over facts that were not witnessed directly and therefore require proof by way of presumption (i.e. nobody saw what happened but here are other facts that will let you make an educated and reasonably likely guess as to what happened, judge) or by way of expert
opinion testimony.
In fact, when we step in that court, Chris:
(1) in a criminal case, we have on hand on both sides
all(or just about - the defence can have some up its sleeve) of the potential evidence that will be adduced at the trial and the only role of the lawyers are to present to the court the facts that are required for the applicable law to prove the breach, by the prosecutor, and to put the ones that may cause a reasonable doubt for the defence - but each single fact in and of itself usually established between the parties - and both sides are there to ensure that no witness, as much as possible, lies to the court.
(2) In a civil/commercial case, it's even more straight forward where facts are concerned. Through discoveries and examinations out-of-court, about 90-95% of the facts are known in advance of trial (each sides has about 75% of the facts known to it before we start exchanging info - by the end, 90-95% is then known to both; the last 5-10% somehow never seems to come out, loses in memory, lost documents, misplaced parts, etc.) and in most cases, about 80% of the facts are simply commonly accepted between the parties. In
most trials (at least where professional law firms are concerned) a large portion of the facts are admitted by the parties right of the bat and the court doesn't have to hear them (which may be what confused you that the facts in court are all contested - as in many cases, only the few remaining contested facts are the object of the trial and would leave an observer thinking that all the facts are in dispute). In my career, you would be amazed at the number of trials I have fought where we filed a joint statement of the facts with the court and then fought over the applicable law or contract interpretation only.
So, no, facts are not always in dispute. In reality, facts are rarely in dispute. And as far as I am concerned, that holds true for real life. Opinions? Now that is a different matter altogether, and if you start from a personally biased viewpoint, the resulting opinion is even worse and usually that much further from the truth. And there is truth - a single one - that has to be found but can be determined objectively.
There are no "alternative facts" out there. Sorry all!
P.s.: I will, of course not dispute the old legal saying: "If you can't beat them on the facts, beat them on the law; if you can't beat them on the law, beat them on the facts; if you can't beat them on either, confuse the hell out of the case and hope the judge becomes mistaken in your favour". ;D