Opposing counsel in settlement talks flatter and counsel rather than threaten.

Evidence

Gordon looked over at Kiley and Crowley. “Jan was so fucking good today. I’ve never seen him better. He brought tears to Eustis’s eyes when he told him what Patrick Toomey went through before he died. Eustis said, ‘It’s a terrible thing, but money can’t bring the boy back.’ Then he turned to Jan, almost like a father giving advice, and said, ‘It’s not worth it to go for broke. You can go to trial and risk losing it all. Or you can put a notch in your belt now and have plenty of business.’ Eustis said six point six million dollars is a lot of money. ‘You can declare victory with that.’ ” Schlichtmann walked over to the table where Gordon sat. — , Harr Jonathan - A Civil Action, 2552

Categorization

• QUESTION: Does Eustis’s paternal tone reflect genuine sympathy, calculated pressure, or simply a defendant’s confidence that the jury is his? The book never resolves it.
• SHARE: Perfect for a trial-lawyer friend — the detail of victorious opposing counsel quoting ‘declare victory’ to the plaintiff’s own attorney.