In litigation, the truth does not always matter. What does matter is the persuasiveness of the evidence. All other things being equal, if your adversary's testimony seems more credible to the judge or jury than your testimony, your adversary will likely win, no matter who's telling the truth.
'But That Wasn't The Deal!'
In the not too distant past, the only way business people could communicate in a real time, convenient and spontaneous way was through face-to-face meetings and telephone conversations. When the all-too-common dispute arose as to who said what to whom, the traditional "my word against your word" battle would play itself out. <br/>Fast-forward to the 21st century, where e-mail ' easy, instant, and universally accepted ' has become virtually the default mode of communication. What was once an unverifiable conversation is now a transaction set forth in print. As a result, the "my word against your word" conundrum becomes more of a contest between e-mails, as opposed to a competition between the memories of testifying witnesses.
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Michael G. TrachtmanThis premium content is locked for LawJournalNewsletters subscribers only
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