Sometimes, the best advocacy is the least advocacy. Subtle can persuade better than histrionics. Read Mike Maslanka’s post about the president‘s speech last week. When the President was accused of lying, he did not over-react. He under-reacted. His subtle reaction said more than histrionics ever could. Mike then relates a similar experience from one of his trials. Mike ia primarily a defense lawyer doing labor and employment cases. So, the plaintiff he refers to was probably an employee. An employee who blurts out anything demeaning or insulting will surely lose. Mike played it well: he under-reacted. He probably aroused the jury’s sympathy.
Its a scary thing to lose a job through no fault of yours. Its scary to get in trouble at work through no fault of yours. But, do not over-react. In trial, the judge and jury see everything you do. Whatever you do becomes magnified. The jury may not understand legal issues. But, they will surely understand human dynamics. Under-reaction says much more.