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The 10 Most Important Things I have learned in 25 years as a Lawyer -- Plus One

By Michael C. Smith

This is a guest post by Sugarland lawyer David Healey.  According to David "[c]opyright is licensed to anyone who wants to print, copy, cut and paste, sing or mumble the contents of this work."

1.  Be 100% honest

            If you are honest at all times, you will lose some things you might have won; however, you will win more than you lose because people will trust you and give you the benefit of the doubt when the call is close.

2.  Never break your word

            If you say you are going to do something, do it:  Whether a promise or a threat, do it.  Ask to be released from an ill-advised or moot promise, but make it clear you will live by your word unless excused from the obligation. As for threats, ?if you are dumb enough to pull a gun be smart enough to shoot??

3. Keep it stupid simple

            No one is as interested in the details of your dispute or position as you.  Being focused, concise, and clear, are the most difficult yet the most essential skills to learn.  Never ask for more time and never ask to exceed page limits.

4. All people deserve your respect and courtesy

            Most of the big things in life are based on luck: Our DNA, parents, hurricane damage, or the loss of a loved one.  You may be luckier than most, but you are not better than anyone else.  Never drink your own kool-aid.

5. Never miss a chance to go the bathroom

            Whether before getting into the car, court, or a meeting, remember everyone has to go to the bathroom, everyone has to eat, and people can only sit for so long a period at one time.  People are human; plan accordingly.

6. Be prepared

            The lawyer who knows the case best, maximizes his or her chance of winning for the client.  Preparation shows, inspires confidence, permits for a concise and clear presentation, and allows unexpected questions to be answered.  This is often why tight teams beat big teams and people you never heard of beat stars.  

7. Make a frank appraisal of the case on day 1: ?Know when to fold?em, know when to hold?em?

 This is no different than getting a correct and thorough diagnosis of a medical problem, learning your options, and then making a plan with your doctors.  It can be very unpleasant, painful, will have both positives and negatives, but you have to know what is wrong to deal with the problem. Everyone will say they do this in every case, but they don?t:  How can you tell?  A) if someone gives you a budget without a strategy; B) if all the news is good; C) if this is exactly like some other unrelated case..

8. Know that others will disagree with you for reasons both good and bad

            I once heard Joel Osteen say 25% of the people you meet won?t like you just because they don?t: Likewise some number of people will not like you or your client or your position due to the lives they have lead and their prejudices and innate feelings.  This is what preemptory strikes and appellate courts are for?

Similarly, some people will disagree with you on the merits: Your point of view is exactly that: Your point of view.  Others have their points of view.   Thomas Jefferson and John Adams, disagreed on almost everything personal, professional and political, but respected each other and after retirement became close friends.

9. Most people want to do the right thing:

            If there is some one in trouble on the side of the road, people usually stop to help.  Juries, Clerks and Judges want to do the right thing.

10. Patience really is a virtue

            Think back on your life:  The times you listened and thought before you spoke or acted, in dealing with your children, friends, strangers, colleagues, you probably learned something you never expected to learn.         

Plus 1.  Treat everyone better than they expect to be treated

            If you treat others better than they expect to be treated, they will eventually rise to the occasion and treat you the same.

 

David Healey

Sugar Land, Texas

March 28, 2010

Full post as published by Eastern District of Texas Federal Court Practice on March 30, 2010 (boomark / email).