Silence is a virtue – even in a courtroom
April 8th, 2009Family law attorneys like to argue. They will stand up in front of a judge and tell their client’s life story and more to try to incite some sympathy or tears from the judge. They will keep talking non-stop because they feel if they stay silent and listen for a while, they’ll come off as weak and not trying hard enough to their clients. So they put on a show.
I was inspired to write about my style of litigating after reading this article: Persuasion should not be akin to filling uncomfortable phone silences.
I’ve never yelled at another attorney and I’ve certainly never lost my temper in open court. I cannot say the same for a lot of my opposing counsel. When I argue motions, hearings and even at trial, I do not talk endlessly simply to fill the silence or to show my client I’m doing something – anything – even if it’s legally meaningless. I’ve been asked by several clients why I didn’t say this or that or why I let the other attorney talk so much. And I always say this: it doesn’t matter how much I say, but what I say.
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