I am sure Simon and Garfunkel never thought their lyrics would find their way into the law (this line has been used by judges in their opinions, so I am not breaking new ground) but when a line fits so perfectly, it is hard not to use it. In August, I wrote a New Normal Column for the ABA Journal, How Lawyers Can Embrace Mistakes. It was premised on a simple logical syllogism. Lawyers are humans. Humans make mistakes. Therefore, lawyers make mistakes. The column suggested that lawyers learn from their mistakes so they can avoid making them again, and therefore be better at what they do.
You would have thought I had tugged on Superman’s cape. How dare I raise the mere possibility of lawyers making mistakes. The first comment addressed an issue I did not: