Houston, TX commercial litigation attorney David Berg talks about his mentor in the practice of law as well as his background & experience. He explains that his mentor in the law was Richard Haynes, known to the world as Racehorse Haynes. Once considered the most famous lawyer in America, his legacy and victories are fading from public memory, but to him, Racehorse was a towering figure in criminal law. He learned many lessons from Haynes, but one experience stands out as the most important.

They tried a case together in federal court in Beaumont, Texas, defending shipbuilders accused of federal crimes. The government claimed their clients had designed massive midstream fuelers so that 15 percent of diesel fuel could be drained back after pumping it out—a claim both he and Haynes found offensive. The defense called an expert witness who testified that Coast Guard regulations had been violated. He cross-examined the witness adequately, but when Racehorse took over, the exchange reached a level of precision and resonance he would later compare to a great symphony.

That evening, he went to Racehorse’s room. Haynes, as usual, was reading the classics—mostly Cicero. He admitted that he wanted to improve and asked what he had done wrong. Racehorse, ever gracious, explained that he hadn’t truly listened during cross-examination. The witness had admitted to violating Coast Guard regulations, but he had missed it entirely. From that point on, he learned to treat every answer as a springboard for another question—a lesson that enhanced his skill as a cross-examiner, the core of a trial lawyer’s craft.

He traces the roots of his trial skills not to law school but to high school debate and selling carpets with his brother. In debate, he learned to be skeptical, to examine sources, and to back every claim with evidence. At Bellaire High School in Houston, he and his brother won the national sweepstakes in 1960.

In the carpet business, he observed his brother Alan’s methodical approach. Unlike their father, a high-pressure salesman, Alan patiently listened to objections and addressed them thoughtfully, turning objections into opportunities. He learned to confront the harshest arguments openly, rather than hide them. This became the heart of persuasion in his legal career. By admitting weaknesses and addressing them head-on, he demonstrated the strength of his case—a lesson he attributes to both his brother Alan and his formidable debate coach, Miss Molly.