Tuesday, April 21, 2009

You Can't Play Chess Without Knowing the Rules

Know the Rules. Practicing law is like playing chess. You must know the rules to decide which of your pieces you will move, in what direction to move them, and what your responses are to an opponent’s move. A person who does not know the rules should never go up against even a beginner chess player who knows the rules. The same goes for litigation. You must know the NRCP, and the EDCR--that means having read them over and over and basically knowing all of them. If you don’t memorize them, you will learn them the hard way. From a transaction standpoint, understanding the law insures that your client is adequately protected. For example, if you are a tenant on a ground lease, knowing that you want to record a memorandum of lease. If you represent a lender, understanding lien rights is critical. If you represent a landlord, documenting your rights and remedies may determine how quickly you can evict a tenant (e.g. if you can evict a tenant on five days statutory notice, but your lease requires a minimum of thirty days notice, you have failed to provide the landlord the maximum protections afforded by statute).

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