What it takes to be successful as a trial lawyer, in my opinion, and knowing my strengths and weaknesses as I do, it to spend countless hours, not at the office but at home, in the car, in the shower, maybe even in the toilet, running through in your head every possible direction an examination can take. And, this applies mostly to cross examination of the witness who’s not a friendly witness, whose answer you are not sure what it is going to be. Be prepared for the many different ways in which an examination can go. Burn that flow chart into your head. If she says yes to this question, you ask this, if she says no, you ask that. And, be prepared so that you don’t have think on your feet and be superhuman and be that person who is scripted by movie makers. Because, that’s not real life. You need to be prepared.

Similarly, when examining your own witnesses whose answers you know what they’re going to be, you don’t have to worry about that. But, sometimes the questions can be objectionable. Sometimes your opponent will know exactly where you’re going with that question, know that it’s gonna be a very bad answer for him and they’ll interpose an objection like, “Leading. Hearsay.” or, “Lack of foundation.” And, not because it’s a valid objection, just to throw you off your game.

Also because, sometimes an invalid objection will be sustained by a judge. I’ve seen that many times. And therefore, you need to have many different questions prepared in your head to solicit the same answer. Ones that are, perhaps, less objectionable to another. That’s what I do to make sure that I am prepared for, you know, the trial where you don’t have, “Oh, excuse me your Honor. May I have five minutes to myself to think about it?” because, that doesn’t happen.

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The piece of advice that I repeatedly give my clients and I apologize if it sounds self serving but it isn’t, is about fees and paying their bills. And, here’s the thing, every client wants to spend as little as possible on their case. And, I understand that, I appreciate that and I would feel the same way as a client. Because, I, of all people know how expensive it is to hire attorney. I’m not sure whether I could afford to hire myself.

But, what clients don’t understand is that if they cut corners, and if they don’t pay their bills, and if they haggle with their attorney, and if they fight over the bills, if they procrastinate in paying, what ultimately and necessarily happens is that their attorney is not going to go the extra yard. Not going to do the extra work and is going to focus, like any other rational human being, on their paying clients. And so, as a client, if I were a client, the one thing that I would make sure that I do is to make sure that my attorney is well fed. To make sure that when the bill comes it’s paid the next day.

Because, as an attorney I know that that’s the type of client who I can go the extra yard for, do the extra amount of work for, I’m gonna get paid for it and it motivates me to do whatever I need to do to win because I know that I am being respected for my time. And, motivating your soldiers, and I’m a soldier, is the most important thing to do in winning a war. Your soldier needs to be motivated and that’s how you motivate an attorney.