Less is More
Experienced trial lawyers tell their younger colleagues that one of the secrets of success is knowing when to shut up and sit down. Refraining from argument can be more effective than all the brilliant argument in the world. Allen Press demonstrated the truth of this at the conclusion of a five-week-long jury trial for a class of former TWA pIlots.
After all of the evidence was in, but before the closing arguments and instructions, the defendant union made a motion for judgment under Federal Rule 50. At the hearing on the motion, the union’s lawyer argued for nearly an hour. It was an elaborate, tight argument, reading quotes from the evidence and citing dozens of cases. In response, Allen replied simply:
“Your Honor, we just heard a defense closing argument. They are taking Rule 50 and turning it on its head. As you know, the evidence and all reasonable inferences from that evidence are to be viewed in a light most favorable to our clients, and when you do that, you will find there is substantial evidence in this record to support findings of ‘yes’ on both of the questions that you had proposed to send to the jury. And you should deny this motion, Judge.”
Allen then shut up and sat down.
The Judge applauded Allen for his brevity:
And the plaintiff ought to be thanked for his very short argument. Not too many lawyers have the guts to get up and do that. After hearing as talented an argument as [the union lawyer] made. When the juices start flowing and they go argument for argument, case for case, evidence for evidence, but Mr. Press had the courage just to say basically ‘I got all the evidence I need, that is enough for me and I think it is enough in this case.’
We appreciate the Judge’s remarks, but Allen does not consider his brevity as particularly “courageous.” Allen’s argument was the product of experience, and a lawyer following his gut in knowing when not to speak. Lawyers have a natural urge to argue when faced with an assault on their position, but sometimes, the lawyer and his client are best served by saying nothing. Or next to nothing. In many cases, less is truly more.