Understanding human nature will take you a long way in litigation so, occasionally, I like to delve into the psychology of what we do. This Washington Post article examines sarcasm as a creativity tool, but it's been in use in litigation all along. Who hasn't seen this on TV; the attorney ends a cross-examination with a particular comment, the opposition yells, "Objection!" and the attorney says, "Withdrawn."
That's a simplistic view, though. With some attorneys, the gamesmanship begins a long time before litigation arises. You may not operate that way and you may be annoyed by those who incorporate this tactic, but it's still important to be aware of it.
After all, it's better to eat than be eaten…
