To state the obvious, litigation occurs because parties are in a dispute. But not so obvious is that every issue, position, argument, and fact are not—or should not be—litigated to resolve the dispute. All too often, one side or both take the path of fighting over issues that do not matter, and sometimes don’t even exist. When that happens—when a “fog of litigation” ensues—your client likely will be ill-served. Fight over what matters to a favorable outcome, not whatever perceived issue arises. Below are pointers for staying on this course:

Practice ‘Objective’ Advocacy

Effective advocacy requires objective analysis of the facts and the law. Judges are paid, and juries are instructed, to see all sides to a case. Ideally, they do. One side rarely is “all right,” or “all wrong.”

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