Framing the Issue
Writing utensils were all the rage in the 80’s. I, myself, had a pencil collection. It was such a grand collection that Lisa, the neighbor, attempted stealing MY shoebox full of pencils. Her plan was to slyly move the box from room to room, nearer and nearer to the front door, until it became a simple grab and run. I found it in the upstairs bathroom under the sink beside the extra toilet paper. There were pencils with silly erasers, pencils made of sticks, pencils with scented erasers, pencils with colorful tips that would be stored inside the plastic tube that makes up the pencil. The downside was that you may have to take out several colors before getting to the one you were going for. This is where the multicolored pen shined. You were one click away from your color of choice. It started with the four colored pen, which was innovative enough. Then came the ten colored pen. It came with its problems. Sometimes the little clicky thing would jam. Inevitably, pink ran out first. Yellow was a scam, entirely unreadable. It was so thick that it felt like you were trying to draw with a cucumber. It didn’t matter. It revolutionized the school supply list. It elevated your social status. You’d take that pen to school and show it off even though you were only allowed to use black or blue erasable ink (another scam) for assignments.
As you age, you come across a pen that works. It perfectly molds to your hand. It’s not too thick. Not too thin. Not too slippery. It flows to the speed of your handwriting. For Jerry Seinfeld, it’s the old school Bic Pen. A good friend of mine has an endless supply of Medium point PaperMate InkJoy pens, in every color available. I’m a Pilot Precise V5 Extra Fine tipped pen girl myself. An adult can use whichever pen she wants. No?
It came as a surprise to me when I entered law school and very specific pens were on the supply list, right along side blue books (It’s a cruel ask, really, akin to requiring a child to cut his own switch with which to be beaten.), and the Torts textbook. It wasn’t any old pen. It wasn’t any pen of your choice. It was the Bic 4-colored ball point pen. Black, Blue, Red, Green. It made me giddy in L1, taking me back to the 80’s, remembering the freedom to choose any color your heart desires (so long as the pen offers it). By L3, I was over the pen. I hated how quickly they ran out of ink. I hated how they got stuck. And I hated the campus bookstore for making me bleed cash.
A few lessons are drilled into you on the first day of law school.
Do not use your legal prowess outside of the classroom. It will destroy your relationships.
Do not represent yourself. Don’t even entertain the thought. In fact, fire yourself right now, before you need counsel.
IRAC
IRAC was why we had the pens. IRAC stands for Issue, Rule, Analysis, and Conclusion. Some prefer Facts, Law. Reasoning, and Conclusion, but it’s impossible to pronounce “FLRC”. When reading a court opinion, you would underline the Issue in black, Rule in green, Reasoning in red, and Conclusion in blue. This made analyzing and reviewing cases go smoothly without rereading the opinion six times. When it came time to write your own legal brief, the IRAC method gave you an outline to state your case. The issue is the nexus of the brief. Everything else must support it, the facts, reasoning, applicable law, and conclusion.
Political activist, Randall Terry, once said “He who frames the issue wins the debate.” It’s not just attorneys that are accustomed to this method. Salesmen are literally pros when it comes to framing the issue. If you’re thinking about new gutters, a salesman will detail why you need them. He who frames the urgency of replacement gutters wins the debate. Parents and their children engage this tactic on a daily basis. What’s for dinner? Fish and asparagus. I want chicken nuggets. This is what we’re having. I hate fish and asparagus. Just try it. It’s gross. Is it better to force the fish and asparagus on your child who might take a few bites and go to bed slightly hungry? Is it better to give your child the chicken nuggets, filling his belly with something far less nutritious because at least he ate something? He who frames the issue wins the debate.
Politicians do this best. They’re salesmen at heart, and many wish to fill the parental role of the populous. Anti-abortion or Pro-life? Issue framed. Gas guzzling or fuel efficient? Issue framed. Welfare dependent or safety net? Issue framed. Fatherless homes or single moms? Issue framed. Spreading democracy or regime change? Issue framed. Homeland defense or nanny state? Issue framed.
It sounds manipulative, and to an extent it is. Convincing the judge, the customer, the child, or the citizenry is the intent. Including favorable facts while omitting inconvenient truths is manipulative. Tugging at your heart strings is manipulative. Speaking to your ego is manipulative. However, if framing the issue can lead you down the wrong path, then it follows that reframing the issue just may lead to truth.
As you work out the issues, you can use whichever pen you choose.
Great Job Megs! You took me back in time.
Just came across the 10 color pen at a boutique. The child I was with rejected it for the one color dino pen. I was surprised. But now that I think about it this generation has been made comfortable with one color ink - so to speak and may be overwhelmed to truly see through genuine lens framed by their own spokespeople in real context.