Rolling Stone, Serial, and the Advantages of Uncertainty

Gerry Spence’s How to Argue and Win Every Time—which I read when I was 13 and remember as vividly as other kids remember To Kill a Mockingbird or whatever—has a whole chapter about how one of the keys to persuasion is admitting the weaknesses in your own case. Spence was a celebri-lawyer in the 1990s, he defended Imelda Marcos, and the example he uses in the book is a dude who got hit by a car crossing the street.

The guy was ruined-drunk at the time, and the prosecutor planned to use this information against him at trial. Instead, Spence, his lawyer, not only admitted that his client was drunk in his opening statement, but made it the center of his case. Who’s more deserving of the protection of the law than someone in a vulnerable, confused physical state? Spence won.

The more I think about the Rolling Stone…

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