Issue statements in the real world
Counting Each Shot: The FTD Version

The elephant in the room

Here is an excellent essay by Linda Morkan on confronting bad facts: No Room for Elephants. Linda compares bad facts or adverse law to “the gray elephant in the corner buffing her nails,” which the lawyer pretends not to notice. Trouble is, the lawyer’s opponent sees the elephant. So does the judge. The better persuasive strategy, says Linda, is to acknowledge the elephant and either escort her from the room or find a way around her.

For other articles by Linda, click here.