Page 45 - Social Media Musings

Social Media Musings – Part III My Reflections on the Practice and Life
Being a Trial Lawyer
As lawyers, we are advocates. To convince others of our client’s position, we must project belief in that position. Fear is the biggest stumbling block to projecting this belief. Fear, left unchecked, will undermine your advocacy skills.
E-mail tip - fill the “To” field last to prevent accidentally sending an e-mail until you’re ready to send it.
The opposing counsel I worry most about are those that read regularly, imagine often, and genuinely listen.
Whenever I need to work out a case theory or strategy, I write an e-mail to myself and then share it with my team. I find that writing it out and seeing it on the screen lets me really think through the case and then by having it in writing, I can share it and let my team share their thoughts and ideas.
I don’t trust just telling someone over the phone or in person about a to-do or an issue whether it’s in my office, or to opposing counsel or to a client. I’ve practiced too long that the few times I didn’t put it in writing
the other person denied what I said. I felt gaslit every time. By putting it in writing you have a record of what you said, you can see for yourself what you’re saying to ensure your communicating accurately, and to be frank, no one can tell you that you didn’t say what you said. A common response I get when it’s not in writing “I don’t remember you saying that.” Of course, the person doesn’t remember what he had for lunch last
Tuesday but there’s no denying he had lunch.
Every medium has its strengths and weaknesses, its scope and limitations. A painter has a canvas and paint. A poet has
a few words. A short story writer has more. A novelist has even more. A filmmaker has his camera and about 2 hours. A television series creator has multiple seasons. A comic book writer has words and illustrations. Each of these mediums permits its creator to do certain things and not others. The best at their craft learn how to use every inch of their medium. As trial lawyers, we must learn to use every inch of our medium in front of the judge and in front of juries.
Get in the habit of memorializing everything in writing. You reach an agreement with opposing counsel? Send an e-mail. You agree on a strategy with a client? Send an e-mail. You have a meeting where goals were set and assignments given? Send an e-mail. First, you have a contemporaneous written record of what happened. We all forget. It’s good to have a written account. Second, it is human nature to forget and assume the event occurred in a manner most favorable to oneself. E-mails reflect what really happened, not what the other side hoped happened.
The best boxers can recover from a punch. In a depo, at a hearing, or at trial, you may take the proverbial punch to the face. You need to be able to shake it off and move forward.
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