Trial Tip - Before Trial Talk Less And Listen More
Elliott Wilcox recently wrote an article entitled "Do you talk too much before trial?" and every lawyer who tries cases should read it and every client who has a case should read it. Both groups should apply it.
The gist of the article is that if we boast about our strengths or our opponent's weaknesses before trial, we may be in for a nasty surprise. The same is true of settlement discussions and all other discussions before we have actually won the case. Clients sometimes talk when they shouldn't and reveal case strategies or weaknesses to others.
Here is the concluding advice we should all heed:
Your opponents probably love to brag about the strengths of their case or the weaknesses in your case. Next time, rather than disagreeing with them, quietly listen to what they’re saying and encourage them to boast. Play “dumb as a post” and see what they say. As the great Yogi Berra said, “You can observe a lot just by watching.” Don’t get drawn into an argument with them trying to justify the strength of your case or dispute the strength of theirs. If they try to pick a fight, just give them noncommittal responses like, “You may be right,” and let them continue boasting.You’re trained to battle in the courtroom, so it won’t be easy to suppress your natural instinct to respond in kind, but it’s something you’ll have to do. Then, after they’ve finished boasting, find a way to shore up your weaknesses or better prepare for their strengths. If you do that, then you can brag and boast when it really matters… After you’ve won your case!
