May 20th, 2020
Interesting Legal Metaphors
In the practice of law, an attorney will come across Latin phrases or arguments peppered with legalese and metaphors. It happens somewhat often. In addition to Latin phrases and other complex terminology a lawyer is required to read through, digest, and respond to, the practice of law will see common phrases and metaphors that have legal implications. Here are three metaphors that have legal meanings:
āAnother bite at the appleā
The phrase āanother bite at the appleā means counsel is merely attempting to make the same argument as he or she has previously made in the case. This often occurs when counsel has already argued the point and lost, and then continues to reassert the same argument. You will see this phrase a lot in conjunction with motions for reconsideration. A motion for reconsideration is filed when a party to the suit does not agree with the judgeās ruling and wants the judge to reconsider his or her ruling. The party opposing the motion for reconsideration will sometimes state that the opposing party is just attempting āanother bite at the apple.ā Simply put, āanother bite at the appleā means counsel is not arguing anything new, counsel is just seeking another opportunity to argue his or her same point.
āGoing fishingā
Next, the phrase āgoing fishingā is most frequently used during the discovery phase of litigation. āGoing fishingā means counselās discovery request is not tailored to any specific topic and counsel is just throwing a request out in hopes of finding something material when receiving a response. The phrase is often used in discovery responses by counsel. Thus, when counsel receives a broad discovery request, he or she may respond that opposing counsel is simply āgoing fishingā for information.
āFruit of the poisonous treeā
The phrase āfruit of the poisonous treeā is most commonly used in criminal proceedings rather than civil litigation. āFruit of the poisonous treeā is when an original piece of evidence is gathered in an illegal manner, making subsequent evidence, which stems from the original piece of evidence, also āpoisonedā or unlawful. With that stated, there are exceptions to the āfruit of the poisonous treeā rule that vary depending on the circumstances. Although normally referred to in a criminal context, the āfruit of the poisonous treeā doctrine is a well-known legal metaphor.
Each of the above metaphors differs in context and meaning, but are common legal metaphors known amongst legal professionals.