WHEN YOU PAINT
CONCRETE
WORD PICTURES,
UNDERSTANDING
AND SYMPATHY
ABOUND.
© theispot.com/ Mark Stephen
When Demetri filed the complaint, Marsha’s lawyer demanded
that Avennia turn over all of its records. Demetri was willing to
allow the lawyer full discovery but wanted a protective order guar-
anteeing that only the lawyer would see the documents. In his mo-
tion to persuade the judge, Demetri wrote this paragraph:
From its experience in supplying specialty glass to the
California wine industry, Avennia has built a unique
and valuable set of trade secrets in addition to its unique
and valuable confidential business information. Aven-
nia’s trade secrets and confidential business information
include, among other things, voluminous, detailed, unique
customer lists, vendor lists, and customer purchase histo-
ries. These trade secrets and confidential business infor-
mation are extremely unique and valuable.
Most of the demand letters and argument sections I see sound just
like Demetri’s paragraph, little more than a lawyer’s opinion. It’s
shocking to hear this, I know, but no one cares what we think. They
want to know how we got there.
THE KEY TO A LAWYER’S PROFESSIONAL LIFE
In my writing courses I never suggest the lawyers write one
thing I say until near the end of the day, when I urge them to
write one sentence, which I dictate. I tell them to go back to the
office, type the sentence, select a nice font, blow it up, boldface
it and print those words on a piece of paper; then laminate that
paper, punch two holes at the top, tie a string between the two
holes, hang it on their computer and read it every day. Several
times a day. This is the sentence: “If you tell them, they will not
believe you; if you show them, they have no choice but to agree.”
This is the key to living a fulfilled life while practicing law.
Let’s break Demetri’s words into two categories. About half
are conclusions, Demetri’s own: “unique and valuable,” “volu-
minous,” “detailed,” “confidential.” All conclusions are abstract:
I can’t picture Demetri’s “voluminous.”
The rest are pure abstractions, not Demetri’s opinion, but when
he writes “experience,” “specialty glass,” “trade secrets,” “custom-
er lists,” “vendor lists,” “customer purchase histories,” I still see
nothing. If you want to persuade me, you must allow me to “see.”
A TALK WITH DEMETRI
After reading Demetri’s brief, I asked him several questions. He
had ready answers for them all except the last. Our conversation
went something like this:
“Why are these lists so valuable?”
“Avennia has been in business for 47 years.”
