I read about a court case that was lost because of the silence of an attorney. The distinguished lawyer Samuel Hoar (1778-1856) was representing the defendant. When it was time to present his case, he told the jurors that the facts favoring his client were so evident that he would not insult their intelligence by arguing them.
The jury retired to deliberate and returned in a few minutes with a verdict of guilty. Samuel Hoar was astonished! "How," he asked, "could you have reached such a verdict?" The foreman replied, "We all agreed that if anything could be said for a case, you would say it. But since you didn't present any evidence, we decided to rule against you." Silence had lost the case.