I've got a real disagreement with my boss about something. It's a legal job... and quite frankly, he doesn't understand the law on the subject. He's flat-out wrong. If I write the brief how he wants... it's going to be inconsistent with precedent. And it'd not supposed to be "merely" persuasive, but rather, completely accurate. He says that I'm free to write it my way, to try to "persuade him." I'm well aware that it's a close enough question that such is impossible. It's more of a 70/30 issue. Not a slam dunk... but after reading oh, 700 cases on the issue... I know that he's wrong. How do I deal with this? Do I continue to insist that he's wrong and blow his future recommendation? Do I try to go over his head (we have a common "higher" boss)? Do I just somehow make it obvious that I'm doing it his way under durress? I'm don't like writing something that I know is incorrect. But I'm also worried that I'm going to be pegged with the bad logic, not him. Anyone got any experience in dealing with a situation like this ?
Write two, one your way and one his. Submit both to him and let him choose which to use. Also, keep copies of both (maybe notarized) to show that you knew that there was a more correct way to go, but that your boss overrode you.
That sounds like the way to go on the issue. Is there a neutral party (that your boss respects) who could review both of the briefs? Finally, most bosses have a hard time admitting they are wrong, so look for a way to give him a graceful exit if he ends up chosing the brief that you favor. It shouldn't be <i>Twisting the Knife</i> as done in the D&D Form.
Given the particulars of the legal profession, I would think that there would be some sort of ethics rules against doing something like doing work that you believe is deceptive or twists the law. Are you sure that your boss isn't asking you to something that could get you in trouble with the Texas Board of Law Examiners? If not, there should be! (or maybe I'm just naive) If you do end up asking him for some certification of your disagreement, I'd be really careful about broaching the subject, as it'd imediately start his mind running, and might cause him to imagine that you're out to stick it to him.
Ethics and the legal profession... what is this you speak of? (Just kidding lawyer folks, we know you all are sweet people!)
