Almost every significant case has one. The fact you wish weren’t there. The email you wish your client hadn’t sent. The deposition answer you wish the witness hadn’t given. The document with the unfortunate language. The chronology that doesn’t quite work. The prior statement that seems inconsistent. The conduct that is difficult to explain. You know the fact is there. Opposing counsel certainly knows it’s there. And yet there is an enormous temptation to treat it like the monster outside …