Never allow silence to be nothingness. Always use silence to your and your client's advantage. So often it's possible to define what silence shall mean in the context of a contract and communications. And always attempt to be in the “driver's seat” in terms of depicting the terms of silence and how it shall govern in your affairs, relationship and agreements.
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WAIVER: Getting mileage from Waivers. Learn how to structure your communications to set up waiver in ways that put the burden on your opponent and to increase the likelihood that any kind of default or “laying back” shall constitute a waiver in your favor.
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Often we are weaned on a binary world of zero sum conceptions: Be it right v wrong; true v false; friend v enemy; light v dark; real v fake, that some outcome must be “A or B,” etc. But too few of us learn, until it is too late that we have the ability see wider; and imagine options outside of the proverbial box. What is true today may be false tomorrow; true in New York but not in Kansas; true under one pH and false under another. Nothing is all good nor all bad but rather “good” and “bad” are relative to the level of abstraction, means of measurement; to our particular perspective and/or the context of one's pursuits. A beautiful woman may be able to secure lots of dates but her beauty may be a downfall when she uses it to “play others” and when it prevents her from maturation, motivation and hard work ie. good looks can help and hinder one on many levels.
Only in a world of cynicism or a “dog eat dog world” is a zero sum orientation helpful. Such encourages competition, cheating and cynicism. Non zero sum encourages empathy, cooperation and creative solutions such as antagonistic cooperation.
Those among us with “Zero Sum” orientations have a “bad rub” with each other and those with “non-zero” sum systems in place.
Among other things, Dean C. Berg, Esquire dedicates himself to a multi-dimensional existence. Change, mellifluence, picturesque images and endless variety help to soar beyond words and to practice law at a new level.
A lawyer can and should be far more than a legal technician. The more one understands the “ways things are,” the better one can use science and facts to make the world a better place. While a lawyer needs to be competent, practicing law is much more than about winning but about getting beyond conflicts.