Trial lawyers with a “barrister” mindset know that early trial preparation is a key to success. How early? To have a winning edge, you should begin this process before the completion of discovery. The process I will describe below will reveal evidentiary problems with witness questioning that you’ll still have time to solve before it’s […]
Front End Loading: A Smarter Case Approach for Plaintiffs
Many plaintiff’s lawyers find themselves bogged down in motion practice and discovery disputes that can drag out a case for months or years. Apart from the delays, such sideshows detract from the central mission of trial lawyering: talking to witnesses, learning the case and preparing for trial. Sometimes these distractions can’t be helped, but just […]
Can Trial Lawyers Truly Be Happy?
Is it possible for trial lawyers to achieve work-life balance? Much has been written about the unhappiness of lawyers. From crushing work hours to needy or ungrateful clients, many experience burnout and seek alternative careers. The problem seems particularly acute for trial lawyers who face the zero-sum game of winning and losing. And yet, trial […]
Becoming a Barrister
In a previous article, I proposed that an aspiring trial lawyer must decide whether to become a “barrister” or “solicitor.” In the British system, solicitors hold the client’s hand and shepherd the case to the door steps of trial. Barristers are creatures of trial, versed in the law of evidence, trial procedure and ethics. Barristers […]
Are You A Barrister or a Solicitor?
Many law school graduates want to taste the adrenaline of the court room – or at least think they do. In reality, few cases go to trial. This has led to the advent of “discovery litigators.” These attorneys go to depositions and hearings, argue summary judgment motions and attend mediation. Many have little or no […]