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Re: mouton29 post# 128067

Sunday, 10/09/2011 2:52:12 PM

Sunday, October 09, 2011 2:52:12 PM

Post# of 253291

it may not be wise to publicly castigate the judge and their exparts submission (quoted in the message I am responding to), which was then quoted in the press, could be so interpreted.



I do not think you have to be cynical to read it that way. To go public saying the judge did not know what he was doing (decision missing a necessary predicate) is tactically foolish. Coming out in PR's and news releases is even worse than saying it in an argument. It just gives him reason to dig in.

I have watched attorneys kill any chance of winning by how they tell the judge he is wrong. It is a delicate matter. (It makes a lot of difference how the judge is constituted. Some do not mind at all being told they are wrong. Others take offense. One judge I liked a lot, would say, "Often in error, never in doubt". You could tell him he was wrong and he could weigh the arguments without taking it personally.)

ij

It is astonishing what foolish things one can temporarily believe if one thinks too long alone ... where it is often impossible to bring one's ideas to a conclusive test either formal or experimental. J.M. Keynes

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