#37 Flattery Goes A Long Way
I once had an appeal where the precedent, all from other circuit courts, was very bad for me. My goal was to convince the court to follow its unpublished decision, not the decisions of the other circuits. During my argument, I cited the unpublished decision. One of the judges interrupted me and asked, “But wasn’t that decision unpublished?” I answered, “Yes, but it was well-reasoned.”
He replied with a self-effacing quip, “I was on the panel for that decision, so it couldn’t have been that well-reasoned.” The audience laughed a bit. I answered quickly, “In that case, your honor, it was at least well-written!” The audience (and all the judges) burst into laughter. I ended up winning in a published decision, which turned the old unpublished decision into binding precedent! A bit of humor can go a long way in the courtroom. Especially when you’re flattering the judges.
Credit: Deleted
