5 Rules for Lawyers to Live By

I recently put in my two cents about what it means to be a "successful" courtroom lawyer.  If you follow those principles, you will feel good about what what you do.  Here's five rules to be good at what you do.

Rule #1:  Know the Law

Wow!  So basic, yet so easy to forget.  At the outset of a case, you'll have a pretty good idea of where it's going to go and what the central legal issues will be.  Attack those issues before you do anything else.  If the case will turn on the construction of a statute, get the relevant cases, legislative history, and administrative materials and fully develop your argument on paper.  Don't just read and think, read and write.  Preferably, you want a draft memo to the file that responds to the likely arguments your opponent will raise.  At the least, put together a bullet point outline.  This will not only get the pretrial motion stage off to a fast start, it will help you gauge which legal issues you will want to put in front of the court and which issues ought to be left out.

Rule #2:  Know the Facts

Another basic concept.  The starting point in every case is the story your client gives you.  Take the essential facts from your client's story and put them in a numbered list (like paragraphs of a complaint).  For each numbered item, use your client's records, public records, witness statements, and other evidence you have to confirm or negate your client's story.  This will help you quickly identify which issues will be contested at trial and how you should allocate your resources during discovery.

Rule #3:  Know Your Audience

It is certainly possible to frame a case in language that every audience is capable of understanding.  Start from there, but then tailor it to the decision-maker's world.  This will help you build both empathy and credibility with your audience.   For example, if it's a jury, then from day one start figuring out how to explain your case in language that a jury wants to hear.  Is this a case about a "breaching fiduciary duties to shareholders" or a case about "lying to the people who trusted you?"  If the case is going before an ALJ, don't call the agency a "monster" or say it acted "egregiously," say the agency "exceeded its statutory authority" or "did not act in accordance with the law."  For a judge, know what areas of law the judge knows and doesn't know and incorporate buzzwords where appropriate.

Rule #4:  Know Your Client

This does not mean know the facts.  This means know who your client is.  What does your client do for a living?  Married?  How many kids?  What is likable about your client?  What type of person is going to relate to your client?  What type of person is going to dislike your client?  Most importantly, how are you going to build a trusting relationship with this client and how are you going to make the judge or jury do the same?

Rule #5:  Know Yourself 

Last, you know what you can do, what you might be able to do, and what you can't do.  Only make promises that you can keep and keep your promises.  This not only builds trust with your client, but also credibility with the court and respect from your opponent.