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MARCH, 2020

Written by Mark M. Leitner

I have opinions.

Lots of opinions, about lots of subjects. This blog is where I’m going to publish those opinions, at least the ones that relate to law in some way, and I hope it will be where you respond to those opinions.

When we started this firm, we picked four words that described our ambitions for our lawyers and the way we carry out our mission: Relentless. Inspired. Committed. Authentic. Just as our clients, the courts, and our adversaries are the ultimate judges of whether we live up to those words, you the readers will decide whether this blog meets the high standards that Laffey, Leitner & Goode has set in its first three-plus years of existence.

My partners Jack and Joe frequently remind me that opinions are like . . . a certain part of human anatomy in that everyone has one. So when I post my thoughts, I will strive to be guided by the words of two people – in addition to Jack and Joe – who were a lot smarter than I am.

“Post-factual thinking has invaded all aspects of American culture, and I’m digging in to keep it out of the law.”

Daniel Patrick Moynihan said that although everyone is entitled to his own opinions, we are not entitled to our own facts. It’s more important than ever to base my opinions on facts and to clearly state what those facts are. Post-factual thinking has invaded all aspects of American culture, and I’m digging in to keep it out of the law.

John Maynard Keynes said “When the facts change, I change my mind. What do you do?” I’m going to work to follow Keynes, defending my beliefs but not stubbornly resisting new facts.

My focus will be on the legal issues that I care about most: free speech, constitutional law, legal ethics, and evidence law. I’ll address issues in the news when I have something intelligent to contribute, and I’ll write about new cases important to lawyers around the country who we collaborate with regularly on case matters. I hope to summarize decisions written by the newly-established trial-level business courts around the state. I will publish short book reviews and commentary on legal scholarship. While I am the de facto editor of and principal writer for this blog, stay tuned because you will also hear from others at LLG who (I’m sure this will shock you) have a few opinions of their own.

I look forward to engaging with your opinions. Especially when you disagree with me.