Those close to me know that I am very enthused by trial practice. I’ve been around trials since I started mock trial as a student. And, even though I get to litigate my fair share of cases in my current practice, I love teaching trial practice and talking about it with other lawyers in the community. The fact that 12 people from our community can come together and quite literally decide how justice will be done is an amazing thing. There’s something very magical about lawyers who are fiercely competitive yet compelled by social norms to be brutally honest and likable.
There are many approaches on what it means to be a trial lawyer and how one becomes a trial lawyer. I could go on and on, but I really think the best summary written on the topic comes from John Day, a Tennessee trial lawyer. Here is a link to Day’s articles. I’ve condensed his articles to a list below. I smile when I read this.
- Knows the substantive law applicable to the cases and evaluates, accepts, settles and tries.
- Has a solid knowledge of the laws of civil procedure
- Has a solid knowledge of the law of evidence
- Takes time to think
- Maintains a reasonable caseload
- Does NOT cheat
- Learns the facts
- Understands the importance of depositions
- Has the ability to pull the trigger
- Is willing to be one’s self
- Is able to organize
- Has the courage to tell the client the truth
- Has an ability and willingness to undertake (and share with the client) a cost-benefit analyis throughout the litigation.
- Has a passion for the work
- Has a healthy respect for the judicial system
- Has an understanding of the human condition and what it takes to motivate jurors to action
- Has an appreciation for the discretion vested in the trial judge
- Is willing and able to delegate
- Has luck
- Knowledge that you are only as good as your next verdict
This list is a gem and I sincerely hope that all of the employees out there looking for a lawyer show up with this list at their initial consultation asking whether their potential lawyer possesses these traits.
