September 29, 2020 Articles

The Way of the Open Hand: How to Win Without Fighting, in Discovery and Beyond

Discarding the “fight first” mindset pays dividends in every aspect of litigation, not just discovery.

By Robert Wilson
A good trial lawyer knows that giving ground to opposing counsel on a discrete issue may do no harm and can even yield surprising benefits.

A good trial lawyer knows that giving ground to opposing counsel on a discrete issue may do no harm and can even yield surprising benefits.

A bulldog. A shark. A fighter. Relentless. To many lay people, and even some attorneys, terms like these are what come to mind when asked what makes a good trial lawyer. And there is some truth there. All lawyers are required to zealously advocate for their clients. It says so right there in the comments on ABA Model Rule of Professional Conduct 1.3.

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