Pick your battles
One of the most interesting lessons I learned in the years I spent as a trial lawyer, was to pick my battles. Sometimes, the judge is with you on some points, and not on others. Good lawyers, whether at trial or when arguing an appeal, identify where the judge stands, pick the most advantageous battleground, and secure the win where the judge is on their side. But just as important is the more subtle skill of knowing where NOT to fight. Test the boundaries where the judge is against you, to see if there are ways around the issue, and then wisely retreat as required, instead of banging heads against the wall in futility, because if you frustrate the judge with unbending stubbornness, even your strong points get diluted. But real life is not entirely like the courtroom. The courtroom is a transactional arena of very binary consequences - win or lose; and within a constrained timeframe - the period of the trial or appeal, which in some cases, can be over...