Advocacy is like advertising — if you keep putting the thought out there, sooner or later the consumer may try it on for size. Don’t do your opponents’ advertising for them. Don’t give them “free airtime.”
An associate representing a defendant began a preliminary statement by repeating six of the plaintiffs’ allegations. I deleted the paragraph. She acknowledged that she was giving plaintiffs “free airtime” by restating their case, but she thought she was obliged to begin by listing the points she would need to refute. She also thought the allegations would be neutralized if she preceded each one with “Plaintiffs allege.”
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