I recently read that the greatest obstacle to clear persuasive writing is for the author to forget what s/he knows, and write for the eyes of the reader, who likely has no prior knowledge about the subject.

A similar process must be undertaken when evaluating with a client how a jury is likely to see the conduct of the parties at trial.

I often have clients ask me whether, at trial, the jury or judge will see the “truth” as they know it. The clients have lived the underlying controversy. They have packed into their memories many more conversations, thoughts and writings than could ever be admitted into evidence at trial. read more