January 23, 2003

For those of you who have neither read Jonathan Harr's classic book, A Civil Action, nor seen the movie, let me recap its moral, a lesson I have come to appreciate after Day Three: never, ever go to trial if you can somehow avoid it. There are just too many factors involved that are beyond your ability to control. Your success is dependent on unpredictable witnesses, evidence that might never see the light of day, and other factors that are just plain unforseeable. One moment you're convinced your client is about to be hung out to dry, the next, the other side commits some unbelievable blunder, on an issue not connected to the merits, that imperils its case. And then the next day, the positions are reversed. With one more day to go, I still have no idea how this is going to end, but there is no way I will ever go to trial again unless I have literally no other option.

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