What’s the best course of action when the partner you work for (and who out ranks you) insists on making ridiculous arguments?

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You make the arguments? What did you think you were hired for something else?

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Good reply counsel. Op I get where you’re coming from. But something you might think is wrong could actually be just fine and places your client in a better position especially if OC doesn’t properly respond to it. Had a similar thing happen with PO’s I filed - made best argument for client and OC failed to allege facts that would defeat our objection and therefore lost.

We suspected OC would miss it so we took our shot.

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Give your reasons why you think they won’t work. If you get overruled or brushed off, proceed to make the arguments. If you don’t explain why the arguments are bad, there is a good chance you be blamed for not finding and raising the issue beforehand. Actually there is a good chance you’ll be blamed regardless, but at least here you’ll have a paper trail to defend yourself.

There is also a very good chance that the partner knows what they’re doing and that their years of experience are informing their decision, so it isn’t as ridiculous as you think. Doesn’t mean you shouldn’t raise your thoughts, though.

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Make the argument. Then get blamed by the partner when things go wrong and they insist that it was your idea in the first place.

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Create a paper trail.

I speak up if there’s something off with the partner’s argument- maybe I’m missing something. If they want me to proceed with the argument (and I still think it is a bad argument), I draft the motion papers for the partner’s signature.

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+1. I was just about to say, prep for the partner’s sig this time around. Do what you have to if you want to push back, but def have the partner sign.

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Document your objection

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This is my life right bow

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