Litigating to the Elephant 🐘 — Why Logic Alone Won’t Win Your Employment Case

Criminal lawyer Joshua Baron shared a metaphor that changed how I approach employment litigation. Stick with me:

👤 The rider = logic

 🐘 The elephant = emotion

We lawyers are trained to talk to the rider - case law, timelines, pleadings. But in employment disputes? It’s the elephant that decides

Think bullying, toxic culture, trust breakdowns. These aren’t dry legal issues - they’re human stories, loaded with emotion. Judges and mediators may analyse the law, but they feel the case first. Then they build logic around that

🎯 The real risk? You won’t see it in the transcript

You presented clean legal arguments. Your cross-examination was textbook.

 But… your tone was off. You missed the emotional pulse. You lost the room.

I’ve watched lawyers win on presence, empathy, and human connection - despite having the weaker evidence. Because they moved the elephant

Here’s what I now build my litigation approach around:

✅ Emotional tone matters more than bundle volume

 ✅ Judgment is human - emotional resonance persuades

 ✅ Sound human. Ditch the legal robot voice

 ✅ Respect wins trust - from the Court, witness, and yes, the other side

This isn’t about theatre. It’s about emotional intelligence

 Show up real. Show you get it. Move the elephant - and the rider (logic) will follow.

🔁 So next time you prep for hearing, ask:

 Have I connected with the decision-maker?

 Have I honoured the human story beneath the grievance?

Because in employment law, it’s not just about winning the law

It’s about winning the room