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Miscellaneous

: the (new) legal writer

An idle thought

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I figure there?s nothing like gross over-generalization to stir up some comment and debate. So here goes.

There are two things that most litigators should know how to do: fight and persuade.

Fighting is not the same as persuading. In fact, some things that are effective in a fight are ineffective, even counterproductive, when the task is to persuade.

There is a time to fight, and there is a time to persuade.

A major source of failure to persuade is the lawyer?s failure to recognize the difference between fighting and persuading, between what is effective in a fight and what is effective in persuading, between the time to fight and the time to persuade.

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Full post as published by the (new) legal writer on December 03, 2008 (boomark / email).

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