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Persuasion should not be akin to filling uncomfortable phone silences.

By Marks & Katz, LLC

 The Chinese script for the character "mu," which means nothing. Recently, a prosecutor -- not too many years out of law school, for whatever that is worth -- kept talking and talking and repeating and repeating to the judge during a bench trial. The judge was patient about it, but not all judges or juries will be.  I have seen many criminal defense lawyers do the same, even ones who are very experienced and otherwise very good. It can happen to any of us, and has happened to me, although I catch myself more at the outset now.  My public school music teacher Mike Varga taught of silence being as important as sound, and the importance of holding the note and the silence long enough for it to have effect. Similarly, an artist's canvas does not require filling in all the blank spaces...continue to full post

Full post as published by Underdog on April 06, 2009 (boomark / email).