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The Pulse

| 1 minute read

Silence Is Power, Both in Litigation and in Life.

This is a thoughtful article that resonates professionally and personally. 

We know that skilled litigators use silence strategically to get—and keep—witnesses talking in deposition. Negotiations, whether face-to-face or with neutrals, often go better with quiet confidence. The more you talk, the more you reveal, and sometimes it’s best to keep your powder dry. And less is almost always more in court. As trial lawyers, we’ve been taught to hone our communication skills and take charge of the room. Be the alpha. But good communication also includes being a good listener. And with silence comes the opportunity to really listen. We can and should be better listeners with clients, adverse witnesses, opposing counsel, neutrals, and colleagues. 

There's a personal takeaway here too. As Mel Robbins—herself a former lawyer—observed, her communications with her adult children tend to go better when she asks whether they want a response or if they simply want her to listen. Those in our personal lives often want us to listen. It can be hard to sit silently, but it’s well worth the effort. 

This post was inspired by an article published by the American Bar Association in the Winter 2026 issue of Litigation (beginning on page 12), linked below.
In a profession that prizes precision, persuasion, and performance, silence may seem like an odd strategy. But for litigators who know its power, strategic silence can be as sharp as a scalpel and as forceful as a gavel slam. Whether in conversations with clients, in mediations and negotiations, at depositions, or even in front of a jury, knowing when to hush up can make or break your case.

Tags

litigation, communications