If you are one of the rare clients or attorneys who want to lose your case, a recent decision in a federal employee discrimination suit provides valuable direction:
1. Seriously fail to comply with the court’s rules–don’t settle for technical violations.
2. Don’t cite to specific evidence in the record when you are fighting summary judgment.
3. Avoid citing cases that apply to the particulars of your case–reference only very general principles.
4. Fail to ask to correct your errors when noted in your opponent’s reply brief.
5. Most of all, treat judges “like pigs, hunting for truffles”–don’t you dare direct them to your case’s strong points.
The case is RODRÍGUEZ-MACHADO v. SHINSEKI, ___ F.3d ___ (1st Cir. Nov. 21, 2012). Worth a read.