No matter which TV channel you turned to, the message was the same: “A hurricane is coming!” If you watched the news for more than 15 minutes, you got the distinct feeling that the end was near. Once the hurricane reached landfall, it was going to specifically seek us out and destroy us. Like Arnold Schwarzenegger’s Terminator, it wouldn’t rest until it had annihilated everything in its path.
We reacted just like we were supposed to. The entire state went into “Emergency Mode.” The courthouse shut down so everyone could go home to prepare for the storm. If you’ve ever lived in a hurricane target zone, you know the drill. Whenever they announce a storm is coming, you’re supposed to go buy extra water, withdraw all of your cash from the ATM machine, fuel up your car, put plywood on the windows, throw your patio furniture in the pool, stock up on candles, hoard as many batteries as you can, map out your evacuation route, and laminate your insurance policy.
While everyone was preparing their homes, the government was working hard to prepare, too. They opened storm shelters and activated their emergency response system. TV stations broadcast round-the-clock hurricane alerts and safety advisories. Disaster workers readied themselves for the impending workload. Emergency electrical workers were deployed from other states. By the time the storm got here, we’d be ready.
But after all of that preparation, do you know what happened? Nothing! Nothing at all. It rained a little, and it got a little windy, but it wasn’t any worse than your average Florida thunderstorm. After all of that preparation, nothing remarkable happened. [Thank God!]
Does that sequence of events sound familiar? It should. Because it’s exactly what happens in the majority of cases you’ll take to court. When you’re preparing, it’s a whirlwind of activity. The closer you get to the trial date, the more likely you are to go into “Emergency Mode.” Witnesses will be deposed; exhibits created; experts consulted and retained; case strategies developed and revised and then discarded; opening statements written and re-written; closing arguments written, retired, and resurrected; etc. You’ll invest a ton of effort, and then… your case will get resolved before you can even announce “Ready for trial.”
Does that mean you wasted all of that effort?
Nope. It may seem like wasted effort at the time, but it isn’t. Sure, it’s a pain to bring in the outdoor furniture, depose the witnesses, stock up on emergency supplies, re-write your closing argument, hang the hurricane shutters, and retain the services of an expert who never testifies… but do it anyway. Because just like hurricane preparations, the one time you don’t prepare will be the one time you find yourself caught in a Category 5 storm.
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