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Apologies for "lawyering" the AdSense TOS thread

How an issue gets lost or muddled in the approach to 'discussing' the issue

         

Webwork

4:46 pm on Apr 3, 2005 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



I trust some, many or all of you know what "lawyering" means.

Basically, when lawyers go into appellate courts - "issue courts" (not "present the facts" trial courts) lawyers act with mind set: Prove the issue to your client's advantage. Win the issue.

How do lawyers win the issue? By "proving" that all opposing or inconsistent ideas are invalid, inapplicable, wrong, etc. This is the process I call "lawyering". For the most part lawyering is handled respectfully - attack the issue not the person, etc. - but it's a one-sided, singled minded approach. Not quite the Socratic method.

I lawyered the AdSense TOS issue. Without notice or warning. Without invitation or consent.

Lawyering has its place. That place isn't a webmaster forum. I handled it badly. I'm sorry for injecting that air into this forum. I apologize. I crossed a threshold of action and of self-awareness when I allowed myself to drift far into lawyer mode.

In the course of lawyering the issue - "When and to what degree do we interpret the TOS for others?" - the issue itself fell out of focus, so 2 bad things happened: I lawyered and in doing so focus on the issue was lost, muddled.

I'll be a bit more circumspect and a bit less ... lawyerly ... when raising issues in the future. A little more Socrates and less Justice Antonin Scalia.

If I fail in this approach, which may happen despite my best efforts, I invite you to bring it to my attention. ;0) I'd rather "the issue" stay front and center and not my approach to handling the issue. Mostly what I'm after is not forcing people to 'think my way' so much as I'm motivated to get people to think and reflect on issues that may have escaped their notice or consideration.

Kind of like me not noticing or considering how far I was drifting into lawyer mode recently.

Ouch.

Self-awareness hurts.

ncw164x

4:54 pm on Apr 3, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Hey Webwork no need to aplogise, your posts are awesome and get a good response most of the time ;)

ken_b

6:51 pm on Apr 3, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



Webwork;

I was just thinking about that thread. I was out of line with my comments about your style of posting.

Please accept my apologies.

vordmeister

7:29 pm on Apr 3, 2005 (gmt 0)

10+ Year Member Top Contributors Of The Month



I thought you had some good points in that thread. Jenstar was really wonderful with her interpretation of the terms and conditions and I found her post really helpful.

But you are right - in this day and age everyone has to be a lawyer. We should really have a disclaimer under every post saying "take no notice of any of this - it's just an opinion or interpretation. And don't put your pets in the washing machine."

mike schmitz

4:07 am on Apr 4, 2005 (gmt 0)

10+ Year Member



You sure are verbose like most lawyers.

M