Restatement of the Obvious

A lawyer who serves notice upon an adverse party in compliance with the provisions of a contract for serving notices does not violate Rule 4.2. Restatement of the Obvious, § 101.

Every so often one encounters an argument so breathtakingly and originally imbecilic that no legal authority exists to refute it. Whenever this occurred one of my former partners bemoaned that the American Law Institute had never published a Restatement of the Obvious, with one or two additional adjectives, which should not be repeated in a blog which strives for decorum, thrown in for good measure. Such arguments are typically born of desperation or profound ignorance of the law. While normally confined to substantive areas of the law, such as contracts or torts, the law of lawyering is not immune from this phenomenon.

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