I love good writing, and I always advocate for strong legal writing. But...how many cases do you suppose are wrongly decided because of this kind of skillful bullshitting?
https://twitter.com/sarahjeong/status/1400972255538999302 …
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A lot of bad decisions are based on verbal bullshitting though. It's a lot easier to sneak in irrelevant, unsubstantiated "facts" orally. Try making an oral objection on evidentiary grounds at a motion hearing; it almost never works.
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Judges are swayed by good stories delivered with passion and conviction, especially when they have only moments to make a decision - as is often true in trial court hearings in California, where they've got 40 motions on their 9-10am calendar. Gladwell would kick ass.
End of conversation
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