Part 3 based on my Plaintiff magazine article “Trial Lawyers: Actors or Boxers?”
Are trial lawyers preparing for battle or stage when they go to trial? Many fine trial lawyers still envision trial as battle. I am guilty of talking about “still having a few rounds left in me” at this late stage of my career. If you are going into battle you have to be ready: Energized, fired up, ready to throw a few punches and take a few hits.
Q: Isn’t that a good way to prepare for trial? Or is it stressful and counterproductive?
Trial as Sport: Stress and Conflict
- Stress and Conflict: we are in a conflicted profession full of stress and conflict and this wears us down
- Drain: constant stress and conflict takes away our energy
- Health: loss of energy through this conflict compromises our immune systems
- Ultimate Conflict: if you visualize yourself as bruised and battered after each round, then trials become exhausting and you don’t perform at your peak
Trial as Art: Resolution Through Relaxation
- Resolution: is possible by deciding the best and most effective way to try a case
- Relaxation: if you are more relaxed and at ease, your energy will stay strong
- Fear: you also have less fear and that is very important to effective trial practice. Actors don’t need to fear being bruised as boxers do
- Efficiency: by changing your thinking from “trial as sport” to “trial as art” you are more efficient, less fearful and ultimately more successful
- Enjoyment: looking at trial as a art form is a lot of fun
