“It’s not the notes you play. It’s the notes you don’t play.” That saying, often attributed to jazz great Miles Davis, is something Andrew McGaan of Kirkland & Ellis said he keeps in mind every time he heads into court.
“One of the most difficult things at trial is deciding what not to do — not putting up witnesses or not telling certain stories,” the Chicago partner said. “That involves making a difficult judgment call and it runs counter to our instincts to do everything, say everything, ask everything, put everything in. But that’s not the way to do it.”
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