Bar Bulletin

Bar Bulletin

Jurors Will Believe Anything (That They Already Believe)

April 2019 Bar Bulletin

By Ken Lopez

During one college summer, I used to engage in aikido, a martial art. In retrospect, it was all a bit goofy, but I learned some good lessons from it. In particular, I learned about a technique common to many of the martial arts and to conflict in general.

This is the idea that you can use someone’s momentum against them. If they are running at you, you can move to the side and trip them — and they will fall. This requires far less energy from you. Similarly, in the courtroom, while there is no physical contact (hopefully), there is certainly a...

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