Avoiding traps

A complex trial is filled with insidious traps, as any experienced trial lawyer knows.

Avoiding insidious traps is what give us an edge. It’s how we increase our odds of success at trial.

Co-counsel who harbor an unreasonable reverence for safe bets is another problem to be avoided.

Experienced trial lawyers understand the reflexive quest for safe bets leads to mindless conformity, which in turn leads to mediocrity.

And we know that to win at trial you have to be exceptional, not mediocre.

So I don’t work with lawyers who are mediocre. That’s another way I increase my odds of success.

You see, too many lawyers just don’t understand how to try cases efficiently and effectively. They don’t know how to pick their battles. They overdo everything and don’t mind charging the client for the extra effort.

But, like I said at the outset, I’m not like most lawyers.

My Secret Weapon

I’m relentlessly opportunistic at every stage.

In short, I prey on weak lawyers—i.e. the ones who don’t know how to effectively try cases.

And trust me, there are of them plenty to take advantage of.

Many clients don’t fully grasp a dirty little secret of our profession, something that more clients should know, but don’t…

Most so-called “litigators” are afraid of trial.

Sure, many of them appear calm on the outside. But experienced trial lawyers know that’s a facade.

Deep down, they’re deathly afraid of the unpredictable. They know going to trial will make them confront overwhelming uncertainty.

But me? I’m not afraid of uncertainty. In a weird way I actually thrive on it.

And that gives me a huge edge. One that I exploit that to the fullest extent at every stage of the matter.

I Play Poker

Listen, most lawyers think that litigation is like a chess match. They think it’s a game where one can meticulously evaluate all the pieces on the board, calmly pondering the best possible moves.

They think they’re playing a game governed purely by logic. Which of course is completely wrong.

In fact, litigation is more like poker. Because it’s a game where no one ever has complete information.

So in litigation, as in poker, you have to be comfortable making good decisions with incomplete information.

That is, you have to be comfortable dealing with uncertainty in a skillful way. But you have to be able to do it in a drama-filled courtroom populated by impatient judges, skeptical juries and combative adversaries.

This is an incredibly difficult skill to acquire. And the only way you learn is by taking lots of cases to trial.

Which is what most lawyers are afraid of doing.

Lawyers To Avoid

Lawyers who have little trial experience try to allay fear by doing exhaustive research and excessive discovery.

They haven’t come to terms with the blunt truth: you can’t win a poker game by acting like a chess master.

And did I mention that these “litigators” are constantly wasting their client’s money?

Look, if you have an important litigation matter, I suggest you find an experienced trial lawyer.

You want someone with exceptionally good people skills. Someone who can relate to juries and judges, and who can get along with opposing counsel as much as possible.

You want someone who can craft a sensible strategy, but who isn’t afraid to change it when something unpredictable happens (as it inevitably does in complex litigation).

Yes, that’s the kind of lawyer you need to hire. But be warned: they’re in short supply and hard to find.

I’m one of those lawyers, but I don’t work with just anyone for the reasons I mentioned above.

How to decide

Before you decide you want to talk to me, I recommend you check out what other folks I’ve worked with say about me. Or ask around, and do some more research on your own.

The more you learn about me, the more you’ll feel comfortable making the right decision.

And whenever you’re ready to talk in person, just give me a call.