There are certain phrases which should never be said. This list includes the old standbys of:
- What could possibly go wrong?
- I'm so bored, I wish I had something to do at work.
- I'll be right back (ed. note - only if in a slasher/horror movie type situation)
To this I have to add the one word that I think a litigator should never use:
- That evidence is irrefutable.
Its much like Dusty Baker handing Russ Ortiz the ball before the last out of the World Series in 2002 is recordered. Sure it sounds cool to say that to the jury, but to say it before closing arguments is like asking for heavens to open up and alter the universe to prove that the evidence is refutable.
Which is why I shudder every time a colleague of mine uses it to describe his case. Then I start inching away to avoid the thunderbolt strike from the heavens.