The Courtroom Lawyer: Defining Success, Part 1 of 3

Have you ever thought about what it is that you do in court?  In other words, if someone asked you, what your essential job duties are, what would you say.  Here's my take (Part 1 of 3), adapted from a practice manual I'm working on:   

Defining Success in the Courtroom:  3 Essential Elements 

A new client is scheduled to arrive at your office today for his initial consultation.  You know the case will likely end up in court and you will likely be the lawyer standing up in court on his behalf.  What defines whether you will be a good courtroom lawyer or a bad one?  Is it the settlement or the verdict?  Is it how cheaply you reach a binding resolution?  Is it how much revenue you produce for your firm? 

Make no mistake, numbers have nothing to do with being a successful courtroom lawyer.  Success in the courtroom contains three essential elements: 

1.  having a moral foundation;

2.  having the best evidence available; and

3.  presenting the evidence in the best possible manner.  

Element 1:  Having a Moral Foundation

In simple terms, having a moral foundation means being able to walk into the courtroom with your head held high.  It means presenting something to the judge or jury without being afraid you will be perceived as greedy, dumb, or arrogant. 

A moral foundation begins with your client.  To have it, you must fully appreciate what it is your client wants.  Does your client want the most money possible?  Or does your client want to make sure he has enough money to allow his children to go to college?  Does your client want the benefit of a hard-earned contract?  Or does your client want to embarrass its competitor through litigation?  

We can all appreciate why having a moral foundation is important.  But why is it essential to success in the courtroom?  It is essential because the law is not a mathematical formula capable of precise outcomes.  At its root are the people who apply it – judges, juries, administrative agencies, local government boards, and of course lawyers – all of whom are smothered with political bias, moodiness, and every other aspect of human imperfection.   Despite their inherent prejudices, at the end of the day these decision-makers will try to reach the right result – a moral result.   To be successful in the courtroom, therefore, you must walk into court with a moral foundation.   If you can't find one, you shouldn't bother taking the case.