Quote:
Originally posted by Bad_Rich_Chic
so some guy bellowing "never in my years of practice have I seen something like this suggested much less conceded it" just comes off as unimaginative (and probably out of date). You just want to ask "so, do you have any issues with the substance of the provision, or do you just not understand it because it isn't in your form book?"
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This technique may not crossover from lit to corp very well, but recently I got that argument from opposing counsel, in front of a discovery referee, and responded "Of course, we all know that when a lawyer begins an argument with 'never in my xxx years of practice have I seen...', what he's really saying is 'I have absolutely no controlling, persuasive, or even relevant judicial or scholarly authority to support my position, so instead I will cite my own unverifiable personal experience.'"
Worked like a charm.
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