Our society values spontaneous creativity: We marvel at jazz improvisations, delight in a stand-up comic?s ability to create something out of nothing and admire an artist who quickly turns a blank canvas into a gorgeous painting.

Yet we all know that being spontaneous carries some risk in the courtroom. If you have tried even one case, you probably have a story to tell about that ?sudden flash of genius? that came to you as you were standing in court, that spontaneous idea that seemed so brilliant ? until you opened your mouth and unleashed the equivalent of a loud burp in a silent library.