Sometimes a lawyer will tell me that she has a smoking gun fact or piece of evidence that will absolutely devastate the other side's case. Having had the good fortune of finding a few smoking guns in my trial career, I understand both the excitement and the fear that smoking guns present.
The excitement is, of course, that if the evidence is truly unimpeachable and pivotal, it makes the case. Knowing that you have a winner is really fun.
The fear is that if you disclose what yo...
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