During trial, you need your mind and body operating at their peak performance levels. You need to be able to object immediately when you hear potentially objectionable material, to think quickly on your feet when cross-examination takes an unexpected turn, and to look energetic and engaged when delivering your closing argument. If your mind and body aren’t at 100%, you’re doing your client a great disservice. That’s why you need to establish a morning ritual that helps you get the most out of the day and gives you the energy you need during trial.
Before we begin, let me acknowledge that most trial lawyers won’t follow this advice. They’ll prepare for trial the same way they’ve always prepared, staying up late to burn the midnight oil, bolting out of bed in the morning, grabbing a cup of caffeine and rushing to the court on just a few hours sleep. And by following that ritual, they’ll sabotage their chances for success in the courtroom.
If, however, you’d like to think better on your feet, to have more energy, and to feel more confident all day long, this simple change in your morning routine will dramatically improve your courtroom performance.
Every morning, the way you start your day will dictate how the rest of your day will unfold and will set the tone for your entire day. If you’re serious about improving your performance during trial, you’ll need to establish a morning ritual to get the most out of the day and ensure that you’re productive all day long. You want to create a morning ritual that renews, refreshes, and gets you fired up. The ritual that you’re about to read will add about 60 minutes to your morning, so you’re going to need to wake up earlier. But, if you follow these directions, you’re guaranteed to have more energy each day and be quicker on your feet during trial.
Here are the action steps for your morning ritual:
1. Start by drinking half a liter of water. During the night, your body gets dehydrated. Chug a 1/2 liter of water first thing in the morning, and your body will thank you. It helps to have a visual reminder, so put your water bottle next to your bed or someplace where you’ll see it when you wake up.
2. Brush, floss, etc. and take care of your personal hygiene. Take care of those pearly whites — the jury wants to see your smile!
3. Exercise for at least 30 minutes. Stretch, lift weights, do pushups, run… whatever you want to do, just use your body (that’s the definition of exercise, “the act of using”) and get your heart pumping. This may sound counter-intuitive, but if you exercise first thing in the morning and get your heart rate elevated, you won’t be tired, you’ll actually have more energy for the rest of the day.
4. Meditate for 5-10 minutes. Do NOT think about the trial or what you’re going to do in court today. Just take some time to clear your mind and focus your thinking. Breathe deeply, and relax. (This might be the only time all day that you get to!)
5. Shower and clean up.
6. Eat a great first meal. Don’t grab an energy bar or a drive-thru breakfast – eat something healthy, balanced, natural, and organic. Eat something that will fuel you for the day and give you the energy you need. Here’s a good example:
Blueberry-Honey Breakfast Shake (makes 2 servings)
* 1/2 cup fresh or frozen blueberries
* 1/2 cup low-fat vanilla yogurt
* 1/2 cup low-fat milk
* 2 tablespoons honey
* 5 ice cubes
Throw everything in the blender and hit “frappe” to have a healthy breakfast ready to go in under 2 minutes.
When creating your morning ritual, it’s important to plan it specifically and give yourself enough time to accomplish everything. Give yourself an extra 10-15 minutes for the “on ramp” to your success ritual, so you can handle all of the “Where are my shoes?” “Where’s the water?”, etc. situations and give yourself some time to get geared up. Also, give yourself 10-15 minutes for the “off ramp” to gear into your regular day.
(This probably means that you’re going to have to wake up earlier, which means you can’t go to bed at 2 AM. Getting a full night’s sleep will also contribute to a successful day in court.)
Finally, here’s the most important part: You need to start doing this immediately. That means first thing tomorrow morning, you should be on the first day of your program. Don’t put it off — in the words of the Nike ad, “Just do it.” Because if you don’t do it tomorrow, you won’t do it on Monday, either, and you certainly won’t do it the first day of trial. However, when you do, you’ll be guaranteed to have more energy, sharper focus, and more confidence than you’ve ever had before. Good luck!







I’m an auditory sort. Beginning in law school, my morning ritual on an exam day or the day for giving a presentation in an advocacy class, I would put the record of the “Rocky” soundtrack on the hi-fi. The theme song would get me “fired up” and ready to face the day’s challenge. The habit stuck for trial days (although now it’s on CD).
Very interesting piece. I always have an issue with where the trials are in the state. I see such a difference in my overall energy when I stay over night locally vs when I drive back and forth. Beyond just the drive issues, it because I end up doing a number of the things on the list with my extra time. Great advice.