Source of article Deliberations (ASTC).

By Patty Kuehn Much of litigation is designed to identify “the what” or the facts. For a lawyer to describe “the why” or the explanation, requires intention, dedication and sometimes creativity. A party’s motivations matter to the fact-finder even though it is not legally required. The trier of fact is not only an assimilator of facts, but someone who judges the intentions of the parties regardless of whether they are presented. As such, it is imperative for a litigator to uncover possible reasoning and motives to explore the most likely and persuasive account. Facts are important, but “the why” is…