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Published in Litigation, Volume 36, Number 2, Winter 2010. © 2010 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. 1 What strange, unpredictable, unreliable creatures these trial lawyers! Let an opponent ask the lawyer if he or she can win...

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