August 01, 2014

Litigating Against the Government

Professor Stephen Saltzburg

It is dangerous to offer too much advice about litigating against “the government” because there are a variety of government agencies that might oppose you in litigation, there are substantial differences between civil and criminal cases, and government lawyers vary as much in their styles and skills as nongovernmental lawyers. This said, there are two principles that can be keys to success when litigating against the government. They are: (1) your credibility and integrity always matter (and sometimes so does your client’s); and (2) the advocate who is well regarded often makes arguments that appear more persuasive than identical arguments made by lawyers held in less regard.

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