Archive for December, 2009

2009: The Year in Review

There are still two weeks left in this year, but many courtrooms have already shuttered their doors until 2010.  You probably won’t be in trial this week or next — you’ll be at holiday parties, spending time with family, or (ugh!) pushing to complete billable hours.  This year is nearly complete, but before you close the books on 2009, take some time to review the past year.  Set aside about 30 minutes this week and answer these 12 questions about your courtroom performance:

2009 IN REVIEW

  1. How many trials (jury or non-jury) did you try this year?  Should you have tried more cases?  Fewer?
  2. Which one was your most memorable trial?  Why?
  3. What was your most memorable moment in trial?
  4. What was your funniest moment in trial?
  5. What was your most emotional moment in trial?
  6. If you could change anything about how you tried any cases this year, what would it be?
  7. Did you give in too easily on any cases?  Should you have gone to trial instead of negotiating?
  8. Did you push too hard or ask for too much on any cases?  Should you have negotiated instead of trying the case?
  9. What trial advocacy skill did you improve most this year?
  10. What was the best trial advocacy tip you learned this year?
  11. Did you have fun?  Are you still having fun?
  12. What was the most important lesson you learned this year about trying cases?

Invest the time to answer these questions honestly and bluntly.  If you don’t like the answers, start making plans to change the responses for 2010.  If 2009 wasn’t the year that you expected it to be, start making plans to make 2010 better.

Post your best stories below, and share your year with the more than 10,000 trial lawyers who read these tips each week!

TwitterDiggRedditPost toFacebookStumble Upon Like this article?  Click here to get more tips like this (and two free special trial advocacy reports)

Getting the Most out of the Day

Does it seems like you keep trying to cram more and more into each day, until the days are bursting at the seams?  Have you been busier than normal lately?  If so, you’re certainly not alone. 

Morning court appearances.  Client interviews.  Motions.  Depositions.  Administrative hearings.  Research.  Lunch.  Writing.  Re-writing.  Office management.  Visiting the scene of the crime or the accident.  Settlement proposals.  Bond hearings.  Returning telephone calls.  Trials.  Errands.  Exercise.  E-mails.  Pre-trial conferences.  Press conferences.  Responding to discovery requests.  Correspondence.  Plea negotiations.  Family time.  Mediation.  Meditation.  Reading case updates.  Witness interviews.  Afternoon court appearances…

Sound familiar?  The trial lawyer’s life is a busy one.  Unless you have the luxury of working for just a single client on a single matter, you probably get pulled in a dozen different directions by a dozen different people every day.  How do you deal with it and get the most out of your day?  How do you fit it all in?

Here’s a quick tip to help you get the most out of your day.  You’ve probably heard the old saw about the teacher, the rocks, and the jar, right?  In case you haven’t, here it is:

One day, a teacher stood before his class. On the table in front of him was a large glass jar and a bucket of large rocks.  Each of the rocks was larger than his fist.  He carefully placed rock after rock into the jar until the rocks reached the edge of the jar.  Then he asked the class, “Is the jar full?”

“Yes,” they agreed.

“Not yet!” he said, and then reached under the table.  He withdrew a bucket of smaller rocks and carefully poured them inside the jar until they reached the edge.  Again, he asked the class, “Is this jar full?”

Most of the students agreed, that yes, the jar was full.

“Still not yet,” he said.  The professor reached under the table a second time and brought out a bag of sand.  He poured the sand into the jar until it spilled over the lip of the jar.  For a third time, he asked, “Is this jar full?”

They weren’t as sure of themselves this time, but most agreed that the jar was full.

The professor grinned as he reached under the table once more.  “Nope!” he said.  “There’s still more room.”  He pulled out a pitcher of water and poured the water into the jar, until the water cascaded over the edges.  With a kindly look in his eyes, he informed the class, “Now the jar is full.”

Then the professor shared a pearl of wisdom.  “Here’s the most important point you must remember: You have to put the big rocks in first.  If you don’t, you’ll never be able to fit them in.”

What are the most important things you need to accomplish tomorrow?  Which five things would, if you completed them, make the biggest difference in your life?  Those are your “big rocks.”  You need to fit them into your schedule before you accomplish anything else. 

This evening, before you go to bed, pull out your favorite pen and write down the five most important things you need to accomplish tomorrow and the five most important things you need to accomplish this week.  What matters most?  Do you need to prepare for an upcoming deposition?  Finalize a settlement proposal?  Tell a client some bad news?  Whatever they are, and no matter how distasteful they may be, these are your top objectives.  You need to accomplish these objectives before you work on anything else.

Too often, you won’t work on these important objectives because you’ll get distracted  by minor matters that feel urgent and important (or are just more fun to work on.)  The biggest culprit is in front of you right now.  E-mail is one of the biggest time wasters in your office.  (Ironic that I tell you that in an e-mail message, huh?)  How many times have you had someone send you a simple two line email that triggered an hour’s worth of work? 

One way to help you focus on the big issues is by planning time to return calls and emails.  When you get into the office bright and early in the morning, don’t boot up your email program.  Instead, work on your #1 priority.  Dedicate a specific time for responding to emails.  Maybe you dedicate 10:00 AM to 10:45 AM for e-mails and phone calls.  Your time will be much better spent if you focus on your highest priority objective and don’t let the interruptions distract you from that task.

If you want to get the most of your day, don’t work on anything else until your most important objective is completed.  After your most important project is completed, start working on Project #2, then #3, etc.  That may mean ignoring “urgent” phone calls or conversations.  But according to the Pareto principle (”the 80/20 rule”), even if you accomplished only the #1 item on your list, you’ll have fit more into your day than most other attorneys in your office.

Try this plan for one week and see how much more you can get out of the day.

TwitterDiggRedditPost toFacebookStumble Upon Like this article?  Click here to get more tips like this (and two free special trial advocacy reports)

What’s your emergency plan for jury trials?

In every football game, coaches make decisions about whether to take a timeout, to accept a penalty, or to go for it on 4th down.  These decisions must often be made in a split-second, and can affect the entire outcome of the game.  Anyone who’s watched football has probably heard the old mantra, "Every second you leave on the clock unnecessarily may be the one your opponent uses to beat you."

That’s why football coaches spend so much time studying clock management techniques.  They think their way through every timing possible scenario before they take the field, because they know that they’ll eventually run into a situation where they need to make a split second decision.

How do they do it?  They script out their decisions in the calm of their office, before they run into the problem on the field. They know that their minds don’t work their best when dealing with distractions, time pressure, and screaming fans, so they figure out what the best possible response should be beforehand, and then implement it on the field.  

These coaches prepare charts to tell them when to kick and when to go for the 2 point conversion. They have charts to help them decide whether or not to stop the game clock.  They have charts to tell them whether or not to accept penalties.

Every conceivable problem gets mapped out before they take the field, so that they can make the best decision when it counts.

But what about you and your trial practice preparation?  Do you have a plan in place for dealing with emergencies?

Think about all of the things that could possibly go wrong in your next trial. Here are some examples:

  • Your star witness is late…
  • Your start witness doesn’t show up…
  • Your exhibit is excluded…
  • The judge reverses his pre-trial ruling and admits your opponent’s exhibit into evidence…
  • The judge reverses his pre-trial ruling and doesn’t admit your exhibit into evidence…
  • Your objection is overruled…
  • Your opponent’s objection is sustained…

Do you have responses prepared for these scenarios?  If not, you need to invest some time burning the midnight oil and crafting a solution to each of those potential problems.

You’re not going to win jury trials because you’re the most attractive lawyer in the courthouse (even though you are, gorgeous!) or because you’re the smartest person in the courtroom (even though you are, Einstein!) Nope, you’ll win jury trials because you’re the most prepared lawyer in the courtroom, and you’ve thought of responses to every possible problem.

Being a trial lawyer is kind of like being a top notch surgeon performing an appendectomy.   Removing the appendix is easy.  Heck, I could probably teach you how to do it in a 30 minute seminar.  But surgeons don’t get paid the big bucks because they know how to remove the appendix — they get paid the big bucks because they know how to respond to the thousand different complications that can arise while you’re removing it.

That’s why you get paid the big bucks.  Trying cases is pretty easy. A high school student could probably do it if everything went according to plan. But things never go according to plan, and that’s why you get paid the big bucks.  Script out your responses to all of the different scenarios before trial begins, and you’ll be the lawyer representing the prevailing party, rather than the lawyer apologizing to your client.

TwitterDiggRedditPost toFacebookStumble Upon Like this article?  Click here to get more tips like this (and two free special trial advocacy reports)