71. Boring gets a bad rap.  Boring is playing by the rules, sticking to the fundamentals and working hard. If you’re called “boring,” take it as a complement. “Boring” is a term often tossed around by those whom “boring” folks would call “irresponsible.”

72. A handwritten note can make a person’s day. Invest in some stationary.

73. Three things tell a lot about a person – 1) how they react to a canceled flight; (2) how they react to losing a motion; and (3) how they react to an empty coffee pot.

74. Find a hotel chain that meets your needs and stick with it whenever you travel on business. For me, it’s Hampton Inn. It’s reasonably-priced, clean, comfortable bed, exercise amenities, free coffee 24/7, and free breakfast. Stay enough times and you earn free nights when you’re traveling for pleasure.

75. Why you do something is more important than what you’re doing.

76. Ignoring facts won’t change them. A bad case is a bad case.

77. You can’t change the facts.  Often, you’re most important job is to uncover all the facts, good and bad and advise the client of the possible outcomes. 

78. Our childhood shapes us as adults.  When I was a kid, my parents couldn’t afford to take me to the movies. Now I go every chance I can. Things we missed out on as kids often motivates us as adults. Learn about others’ childhoods and you’ll learn what motivates them.

79. Yelling never helped.

80. Good posture is a huge confidence booster.  Add a smile.

This entry was posted on May 15, 2012 at 10:59 AM and has received 8 views. There are currently 0 comments. Print this entry.

61.  Send the judge a courtesy copy of your motionand a copy of the cases you cited and bring an extra copy to the hearing. Bring a blank order and don’t leave the judge’s chambers until you have hashed out the language of the order and the judge has signed it.

62.  If it wasn’t reduced to writing, it didn’t happen.  Remember that when dealing with opposing counsel and with your own client.

63.  When preparing your client for deposition,make sure to review with him every document you expect opposing counsel will show him at his deposition. Deposition is not the place where your client should see documents for the first time.

64.  Do a mock cross examination of your client.  Ask your client the questions the other side will ask – tough questions, asked in an aggressive manner.  Don’t pull any punches.  You’re not doing the client any favors by doing anything less than opposing counsel will.  After you’re through with him, the deposition will be a cake walk.  He won’t thank you during the prep session.  He will, though, after the deposition is over.

65.  Don’t write anything to an expertthat you would not want the other side to see.  It may end up in opposing counsel’s hands.

66.  Do you want to get the goods on a partywho claims he is permanently disabled because of your client’s negligence?  Get his credit card records.  What expenses might you find?  Charges for a gym membership, repeated outings to restaurants, plane tickets to exotic locations and sports equipment, to name a few.

67.  Write your own obituary. Write out how you want others to remember you.  Now spend a lifetime trying to live up to that description.

68.  Your clients have their problems. You have yours.  Keep them separate.

69. Your firm has a mission statement. You should have one too. So should your family.

70. Explain your case to a non-lawyer. A spouse, a friend, a family member. If they don’t understand it or don’t agree with it, the jury likely won’t either.

This entry was posted on May 9, 2012 at 4:10 PM and has received 32 views. There are currently 0 comments. Print this entry.

51.  Everyone has his own way of doing things.  When serving the needs of a client, partner or judge, serve his needs, not some generic recipient of your services.  To do that, get to know your recipient – what he likes and what he doesn’t.

52.  Make a list of your strengths and weaknessesas a lawyer.  Pick one of your weaknesses and work on it this year.  If you write poorly, read some books on writing, maybe take a class.  If you are a poor public speaker, consider joining Toastmasters.  Tackle the weaknesses, one at a time.   

53.   Also make a list of your goals for the next year.  So many of us have a strategy when it comes to our cases, but many of us do not have one when it comes to our lives.

54.  Know your opposing counsel.  Look at his website, his jury verdicts and published opinions.  Ask around about the type of lawyer he is. 

55.  Know your judge.  Read the appellate opinions that have upheld his rulings and those that have overturned them.  Know what his judicial philosophy is and most importantly, what his pet peeves are.

56.  Jury verdicts are a great way to calculate what the non-economic damages claims are worth. 

57.  Prepare every case as if it’s going to trial, not as if it’s going to settle, even though most do.

58.  Always keep a clean desk.  You look like you are in control when you do, even if secretly, you are not.

59.  A complaint is a ticking time bomb.  A good plaintiff’s attorney has investigated his case, has lined up his witnesses, has procured his documents and has developed his case theme before he has filed suit.  He is waiting for you to answer to set the case for trial.  It’s up to you to diffuse that bomb and you don’t have much time to do so.

60.  Even if the other guy filed the complaint,you direct the litigation.  Be proactive.

This entry was posted on May 1, 2012 at 9:54 PM and has received 44 views. There are currently 0 comments. Print this entry.

41.  Have a theme for your life.  What are you trying to accomplish?  When it’s all said and done, and your career is over, what do you hope to have done with your life?  Don’t settle for figuring out what your cases are really about.  Figure out what you are really about.

42.  Writing is all about nouns and verbs.  Adverbs, adjectives and prepositions are overrated.    

43.  Actually, writing is all about verbs.

44.  Extra wordsare the enemy.  Eradicate them.

45.  We all have short attention spans.  When you write a motion, memo or letter, make your point up front, hit the highlights and stop writing.

46.  Argue your motion out loudbefore a hearing.  It’s one thing to see your arguments written down on paper.  It’s quite another to listen to how they sound. 

47.  Put yourself in the shoes of the judge and opposing counsel.  Anticipate the other side’s arguments and the judge’s likely questions.  Thinking this way avoids surprises at hearings.  

48.  There are no rough drafts.  Whether you are sending a motion, memo, letter or e-mail to a client, partner or someone junior to you, treat it as if it is going to the CEO of your biggest client.

49.  Get involved.  Being a good lawyer entails so much more than working on your cases.  If you want to grow and develop, join a voluntary bar association or two and volunteer your time.  The relationships you will develop in these organizations will be priceless. 

50.  Jury selection isn’t so much about picking the good jurors as it is about excluding the bad ones.

This entry was posted on April 26, 2012 at 1:29 AM and has received 21 views. There are currently 0 comments. Print this entry.

31.  When you first get a case, call opposing counsel and introduce yourself.  It's harder for an attorney to be unprofessional if he's had a pleasant conversation with opposing counsel. 

32. When the other side starts objecting during a deposition, you've tripped over something.  When he starts making speaking objections, you've hit pay dirt.  Keep digging.

33. When the other side vigorously objects to a request for production, there is a good chance you're about to unearth the proverbial smoking gun.  It may take a motion or two to get it, but it will be worth the effort.

34. Instant oatmeal is great. Pour a pack into a styrofoam cup, fill with hot water, and voila, breakfast at the office.

35. If you are going to have breakfast at the office, make it a point to have breakfast with your kids on the weekend. 

36.  The first thing you do-read the jury instructions.  They will be your road map for the entire case.  They tell you what the parties have to prove, what the defenses are and whether you stand a chance of winning or not.

37. If you want your clients to be happy, act like the waiter at your favorite restaurant. At my favorite restaurant, the waiter sits us at our table, makes sure we have plenty of bread, brings out the kids meals first and keeps the soda glasses filled.  He knows our needs, meets them and does it all with a smile.  Provide that quality of service to your clients and they will keeping coming back.

38. Funny thing. The food at that restaurant is good, but not great.  We come back for the service.

39. You can't win without a theme.  Start developing the theme of your case early.  Every interrogatory you propound, every motion you file and every deposition you take should be done to advance that theme.  If you wait until two weeks before trial to develop your theme, it's too late.

40. However, don't be married to a theme.  As your case develops, your theme must develop.  During the course of litigation, you may pick up and drop a half a dozen themes on the way to finding one that is worth holding onto.

This entry was posted on April 21, 2012 at 1:27 AM and has received 26 views. There are currently 0 comments. Print this entry.

21.  Your kids are always watching you.  Live accordingly.

22.  Work as if you’re kids are watching you.

23.  Return messages promptly.  In this age of Blackberries, I-Phones and other technology, the 24-hour-rule is an anachronism.  Try 1 hour. 

24.  The attorney who was disbarred for misappropriating client funds started years ago by fudging on the little things.  Don’t start down that path.

25.  Banging on the monitor won’t make the computer work better.

26.  Learn how to use the postage machine.  It’s only a matter of time until you’ll have to mail a letter after hours.  While you’re at it, learn how to make two-sided copies, how to scan documents and how to send an overnight package.

27.  Showme a lawyer who works hard and I will show you a lawyer, who sooner or later, is going to make it.

28.  Instead of reading your kids bedtime stories, make them up yourself.  Make your kids the protagonists.  Have them fight ogres, slay dragons and seek buried treasure.  They’ll ask for more.

29.  Most emergenciesare self-made.

30.  Before sending anything out, proofread it at least twice.  Three times is preferable.  And proofread out loud.

This entry was posted on April 16, 2012 at 9:15 PM and has received 81 views. There are currently 0 comments. Print this entry.

Part 2-What I've Learned 11.  I assume I don't have much time on this earth.  I live life like I won't see my 45^th birthday.  I'm 39.  It’s amazing the perspective you get when you think you have six years to live. 

12. When you get to the hotel room, run the hot water and let the steam fill the bathroom.  Hang the suits and shirts from your garment bag nearby.  You’ll be surprised how many of the wrinkles will vanish.

13. The key to the practice of law is preparation. I would rather go up against an experienced lawyer who is lazy than an inexperienced one who works his butt off.

14.>Always visit the accident site in a personal injury case.  And always meet your client at his place of business.  There’s no substitute to seeing something with your own eyes.

15.Never let another’s behavior dictate yours.  No matter how obnoxious or insulting that other lawyer is, don’t respond in kind.

16.  When I’m lying on my death bed, I’m not to going to be thinking, “I should have billed more hours.” 

17. Take a long term view of things.  It helps keep everything in perspective.

18. Always keep the client informed.  Make sure the client knows what is happening in his case, what the problems are and what you are doing to address them.  Listen to the client and seek his input when formulating a case strategy.  Clients hate surprises.  One surprise too many, and that client will look elsewhere for legal advice.

19. Before you spend the client’s money, whether it is to do research, draft a motion or hire the expert, make sure the client knows of the expense and approves it.  It’s their money.

20. A client you speak with, write to and e-mail frequently is often very forgiving of the mistakes you make.

This entry was posted on April 10, 2012 at 9:41 PM and has received 63 views. There are currently 0 comments. Print this entry.

After practicing a few years, we all develop “What I’ve Learned” lists, nuggets of wisdom to pass on to others.  I strongly recommend you jot down your own list.  You’ll surprise yourself how much you’ve picked up along the way.  The following is my list. 

1.  If you want to know a lawyer’s true character, see how he treats his secretary when he thinks no one else is looking. Better yet, how he treats the runner.

2.  Professionalismis treating the cleaning staff that comes after hours the same way you treat the judge during motion calendar.

3.  You don’t need a pen and pad to write.  Take advantage of the quiet times – the first few minutes after you wake up, when you’re in the shower, when you’re driving to work – to think through that memo or brief you’re stuck on or that legal argument that doesn’t quite work.

4.  I would rather drive 3 ½ hoursthan go through airport security to catch a 45 minute flight.

5.  I do my best writingwhile I’m driving.

6.  Don’t let your standard of living increaseevery time your salary does. There’s nothing wrong with driving a car with over 100,000 miles or living in a working class neighborhood.  Frugality gives you options in life.

7.  But don’t be frugal when it comes to your shoes.  You have to wear them 10 to 14 hours a day.  How do you say good-looking and comfortable? Two words – deer skin.

8.  Learning from your mistakes is experience.  Learning from others’ mistakes is wisdom.

9.  Mentors are great.  You get to learn from their mistakes.

10.  Cross examination isn’t just for depositions or trial.  You can learn a lot about what’s going on in your kids’ lives if you keep asking them questions.   

This entry was posted on March 28, 2012 at 8:21 PM and has received 88 views. There are currently 0 comments. Print this entry.

When interviewing a witness, considering asking him the following questions:

1) Are you represented by counsel?

2) Have you provided any one a statement?

3) If so, do you have a copy of the statement?

4) If not, would you mind requesting a copy and providing it to me?

5) Are you aware of any surveillance video, photos or recorded messages related to this case?

6) Are you aware of any insurance policies?

7) Are you aware of any contracts between any of the parties?

8) Have you spoken to anyone about this case?

9) Who else has any information about this case?

10) What documents do you have?

11) Can you provide me a timeline of the events?

12) Is there an incident report?

13) Has any third party (such as OSHA) investigated this case?

14) What would help to refresh your recollection?

15) Has anyone tried to influence your recollection or testimony?

16) Have any documents or items been lost, misplaced or destroyed?

17) Can you draw for me where the (witnesses, vehicles, etc) were at the time of the accident?

18) Do you agree (disagree) with the factual allegations in the Complaint?  Which ones?

19) What haven’t we covered?

20) If you remember anything else, will you call me and let me know?

This entry was posted on February 7, 2012 at 9:38 PM and has received 112 views. There are currently 0 comments. Print this entry.

Chef Gordon Ramsey has a television show titled Kitchen Nightmares where he goes into a failing restaurant and turns it around in a matter of days. What is amazing is that all these restaurants suffer from the same problems and he offers the same solutions, whether they are Italian or Mexican or Thai or whether they are high-end steakhouses or middle-of-the-road family style restaurants. And what is even more amazing is that the advice he offers these restaurateurs applies to any business or for that matter any law practice.

 Simplify. A restaurant can’t have 100 items on its menu and you can’t be an expert in everything. Find an area that you are passionate about, master it and become an expert on it.

 Find the passion. You became a lawyer for a reason. Search out that reason and reignite your passion. Many of the restaurants Ramsey encounters are just going through the motions and it shows in the food they serve. The same holds true in the work product we serve our clients.

Don’t cut corners. Often these restaurants are dying because they are using frozen foods and cheap ingredients. Ironically, by spending more they earn more through customer loyalty.

 Likewise, take the time to give your clients the best and invest in yourself to ensure you are on top of all the latest legal trends.

 Waste not. Gordon goes into one restaurant’s cooler after another to find piles of food going to waste. As lawyers, time is our most important ingredient. Spend it wisely by making the most of the opportunities to develop yourself and your practice.

 Be honest with yourself. When Ramsey first goes into a restaurant, he orders several items off the menu and then proceeds to give a blunt and honest assessment, often peppered with expletives because the food is so bad. Likewise, be brutally honest with yourself about your weaknesses and devise a plan on addressing them.

 Develop a name. Ramsey often goes into restaurants and helps them make a name for themselves for one item – the best meatballs, the best shepherd pie, or even the best gravy. Find the one area of law you can shine in and make yourself a name in that area.

 Get your hands dirty. Often the restaurateurs are shocked to see that their restaurants are serving frozen food, that their kitchens are dirty or that their customers hate the food or the service. Learn how your firm works. The business side, the marketing, the rainmaking, the day-to-day administration. The more you understand how your firm works the more prepared you are in making it and you better.

 Every week, Ramsey gives the same advice to the most diverse of establishments. Most of the advice is common sense and most translates into any business. Do yourself a favor and catch an old episode or two on Hulu. You’ll be surprised how much he will teach you.

This entry was posted on January 24, 2012 at 3:46 PM and has received 150 views. There are currently 0 comments. Print this entry.