Category Archives: Motivation

IDEAS FOR HOW TO MEET PEOPLE & ABOUT OUR ROLE AS TRIAL LAWYERS

Today I’d like to offer some random ideas on a couple of subjects that apply to us as trial lawyers. Let’s start with the subject of meeting new people and remembering names. That’s a skill we all need to learn.

Paul Mellor is the president of success links a memory training company who presented a CLE for lawyers on that subject. He used the acronym COURT which stands for concentrate, observe, understand, repeat and translate. He says that to remember a name it’s vital that we concentrate on the name that is given. We need to be listening. As to observe, he says that if we are observing the person who is giving us their name we are at a disadvantage and remembering. Look into the person’s eyes when the name is said. Train yourself to study facial features. We also have to understand. Names are important so you need to understand how to say them correctly. If you didn’t catch the name ask to have it repeated or spelled. It’s also important that we repeat the name immediately. Lastly he uses translate to mean that we should translate the name into a picture such as Beverly becoming beverage in order to help us remember the name.

Roger Dawson has written a number of excellent books that are helpful resources for lawyers. One of  them is Secrets of Power Persuasion. Dawson has these rules for meeting people and remembering their names. He recommends that you treat everyone you meet as if he or she is the most important people that you will meet that day. He says we should have a sensational handshake and need to learn how to give a proper handshake. He recommends looking into the eyes of the other person and using that technique of checking what color eyes the person has in order to remember to make eye contact. He says that as we make contact with a new person we are meeting, that we think positive thoughts. One should remember to smile and to hold the smile. Dawson also recommends that to remember names we need to first make sure we understood how to pronounce them. Ask the other person to spell the name if necessary. Dawson also recommends associating the name with something tangible in order to remember the name. He says it’s important to repeat the name and to use it as soon as possible in the conversation. Dawson also recommends that we remember to give sincere compliments.

On another self improvement subject, I’d like to also suggest that, as trial lawyers, we accept the fact that if we do our job well and with courage we will make enemies. We need to accept that fact and act with courage rather than worrying about how people will feel when we are doing something in our client’s best interests.  I think Charles Mackay said it well. He was an English poet who died in 1889. He wrote these lines:

“You have no enemies you say.
Alas my friend the boast is poor
Those that mingle in the fray
That the brave endure
Must have made foes.

If you have none,
Small is the work that you have done.
You’ve smote no traitor on the hip
You’ve dashed no cup from perjured lip.

You’ve never changed a wrong to right.
You’ve been a coward in the fight.”

So, how do we deal with the fact people may not like us and some even hate us as well as what we do as a profession? We can listen to Abraham Lincoln who said: 

“If I were to try to read, much less answer all the attacks, made on me, this shop might as well be closed for any other business. I do the very best I know how – the best I can; and I mean to keep on doing so until the end. If the end brings me out all right, then what is said against me won’t matter. If the end brings me out wrong, then ten angels swearing I was right would make no difference.”

Here’s another view of the same concern we have as normal human beings who want to be liked by everyone. The late Robert Mitchum was interviewed in 1994. He pointed out that “There are always people who will object. If you are short, tall people will diminish you. If you are tall, shorter people don’t like you. If you’re alive, people wish you were dead. I do the best I can for the most I can and if it displeases somebody, I’m sorry. I take what came and did the best I could with it.”

We should be proud of what we do as trial lawyers and always act with honesty, ethics and courage in representing our clients, come what may. Our attitude about our professional work should be that expressed by Theodore Roosevelt in a speech he gave in Paris in April of 1910 at the Sorbonne. One of the things he said should be our inspiration:

“It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.”

That’s my advice for now. I hope found something helpful in it.

 

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Copyright 2013 Plaintiff Trial Lawyer Tips

Lessons from the roman army

In the days of Roman glory it has been pointed out that the Roman army wasunconquerable. They might lose a battle or even a campaign, but they refused to accept losing a war. In the face of total defeat the Roman army would not admit defeat. This "Roman persistence" was the determining factor in the greatness of the Roman empire.

In 212 BC Hannibal’s army routed the Roman army in total defeat. But, the Romans refused to surrender to Hannibal and rejectedthe peace terms. Instead, it immedidately began to raise an army ofmore men. It continued to fight Hannibal in an effort to gradually wear Hannibal’s army down. The Romans totallydefeated him at Zama in 202 BC.

After the Roman army had been destroyed by Pyrrhus, king of Epirus, Rome, rejecting defeat, simply raised another army and fought Pyrrhus again until they were victorious in 275 BC. The Roman army was successful because of the discipline, training and determination to neveradmit defeat. They kept coming back in a savage, ruthless manner of making war. The army was willing to suffer heavy losses to achieve total victory. The Roman empire was famous for "Roman persistence" and we have much to learn from that attitude.

Our jury trials are a daily or even hourly series of battles in which the tide of battle changes. If we allow our attitude to be unduly influenced by the occurrences of a day we will become discouraged and lose the winning edge we need to try the case well. We need dogged determination and persistence to win during a trial. It is our attitude that controls how we try the case. Let’s learn from the Roman army a lesson in persistence.

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The fabulous baker boys&the need for trial lawyers to learn new ways of trying cases

The 1989 movie The Fabulous Baker Boys staring Beau and Jeff Bridges is about two brothers who make their living playing the piano as a team act. After twenty years they have played only small clubs, minor venues and are small time mediocre. Frank, played by Beau is the brother who manages the act and has them play the same music in the same way with the same jokes and line of patter over and over. Jack (played by Jeff) goes along with this. The story revolves around their hiring a singer (Michelle Pfeiffer) and which eventually causes Jack to realize he is capable of doing much better things and the act breaks up.

While the main focus of the plot is not the fact that the two of them have been performing in the same way over and over for years resulting in mediocrity, it is that fact which struck me. I thought of the fact many trial lawyers do the same thing in how they try cases because change means personal risk of embarrassment or failure. Trying new things before a group is uncomfortable and we would rather just do it the way we always have done it. But, that results in a failure to grow, to improve and keep up with changing attitudes of new generations. My New Mexico friend, trial lawyer Carl Bettinger, has been attending improv classes for that very reason. The classes are intimidating and challenge him to adopt an assigned role spontaneously. But, they also build up courage to try new things in front of a group. We first met while I was teaching at the Spence Trial College in Wyoming where lawyers learn to use psycho drama in their trial work. One aspect of psycho drama involves re-creation and role reversal which is an essential tool for every trial lawyer to know how to use. This technique is one example of something which would be new to some trial lawyers and which many would find challenging. Yet, it would also help them grow and improve. New ways of selecting a jury with open ended conversations and sharing also are challenging to some lawyers. Yet, they result in a better relationship with the jurors. Telling the client’s story in argument by telling it in the first person from a different point of view may be an entirely new way of summing up to a jury for some. Yet, it can make the argument alive and interesting.

As trial lawyers, we tend to try our cases the way we always have. We use the same approach to jury selection, the same approach to opening statement and the same canned arguments. Stepping out of those familiar roles becomes more difficult the older we get and the more used we are to doing the same old way. At the same time new generations of people are serving on our jury who have a totally different mind set then previous generations. Marketing and behavioral scientists along with jury experts are discovering new ways of presenting information that is more powerful then the old way. If we don’t keep up and aren’t willing to experiment, we are not living up to our potential. We are like the Baker boys, doing it exactly as we always have in the same old way and becoming more and more mediocre. Let’s resolve to study new approaches with an open mind and have the courage to try them in representing our clients.

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Copyright 2007 Plaintiff Trial Lawyer Tips