The moral? Liptak quotes Timothy A. Johnson, one of the new study's authors, who suggests that it might be good advice to avoid questions:
Perhaps the better part of advocacy really is learning to shut up.
“The old adage that you should keep your head down may be the way to go,” he said. “The advocate who tried to throw in the kitchen sink and try every argument in the world may be heading for trouble.”
Ms. Shullman, the young lawyer who started this enterprise, said she applied her study’s conclusions successfully not long ago in a bankruptcy hearing.“The judge was really hammering the other side,” she said. “You know what? I’m going to shut up. I’m going to let this play out. And sure enough, he ruled for us.”