Deck of Cards
I am not a hoarder but as a trial lawyer with a ‘long tail’ and an inveterate reader of pretty much anything I can lay my hands on, over time, things pile up, get stacked up, get stuffed in drawers and continually defy the basic laws of organization.
My oldest child, daughter C.C., is a master at decluttering/tossing out. About a month ago, she took a good look at my cornucopia which was flowing all about in my little house and said, “There is just too much in here. OK, how about let’s get all this culled and put what’s left back together in proper order and in its proper place.”
I readily assented and thus, an hour here, two hours there and so forth, she went to work. It has been a relief and a revelation.
I have given hundreds of books away and she, in small batches, presented me with just enough but not too many increments of records, depositions, correspondence, tax and business files, random notes and scribblings to go through and after hard eyed evaluation, a lot of it went to the shredder.
I should note that earlier, on January 22, 2021, I was in a mediation via zoom (I hate zoom) that was stalled, going nowhere. It was cold and raining and gloomy outside. The lawyers on the other side were condescending and snooty and playing stall ball and I, being mindful of our Rules of Ethics and Conduct, did not go find them and give them a good smack (though I sure wanted to…)
And then along the bottom of my laptop screen came the ‘crawl’ which told me that my greatest sports hero of all time, The Hammer, Hank Aaron had died. That did it. It was time to conclude my practice of law. (Not to mention, 45 years beyond the bar was a gracious plenty.) And I proceeded apace to that end. And in the cleaning out of my office, all sorts of stuff rose to the surface-which ended up in one of my three offices at home in the disarray of the cumulative document dump.
So much good thinking and work in that mash-up and as it began to be winnowed, I was able to keep the wheat and discard the chaff.
Thousands of stories and ideas galore for writing.
One find, from an easy 20 years ago and long since forgotten until now, was a dogeared stack of 3x5 index cards from a law talk lecture I gave ‘way back when’ on trial practice and different things I always brought to bear as cases were being prepared to go.
So, I have decided to lay those thoughts out for you today and see how many might successfully be applied to any and all of our lives.
First rule. Be well informed. Listen and Read. Read Read Read. Read some more. If you don’t like to read, find a way to like it. I keep a stack (now nicely organized) of books of all stripes and topics in my guest room-it’s my Go Stack. Each day, if at all possible, I read the Post & Courier (or local paper wherever I am) and the New York Times and the Wall Street Journal. Once a week, I’ll grab a National Enquirer or a People magazine-gotta make sure I’m tuned up on ‘popular culture’. Watch the news. Fill your mind up.
For years, I always had great, effective Legal Assistants. From Renee and Andrea to Patty and Joann, they were my collaborators and suggesting big minds and thoughtful inputs as the cases got put together. Now I have a couple of good friends and a legion of Advance Readers and my marvelous Publicist Hannah and a few others who I can bounce ideas off, ask for critiques and pick their brains. Wonderful resources all. So, who you got to help you? We all need help.
Whatever the case was about, we always went to the scene on multiple visits and studied on it. We took lots of photos. (Funny, how dated this card stack is…one of my notes simply reads ‘Digital Camera’-clearly made before Smart Phones came to us in the mid 1980s…time does fly!) Whatever you’re working on, take pictures of it. It’ll help you better understand whatever the conundrum or problem is you are pondering.
Lay out your case early. Start formulating your Game Plan early. Tweak it, adjust it early and often until you are satisfied. Remember, everybody needs a plan.
Gather the critical records. Read them and understand them and know them. Be they medical/surgical records, bank statements, building plans, travel plans…know them.
Surf the web and google all leads. I always asked my assistants and my children as well to dig for me. Amazing what kind of really helpful nuggets-that sometimes I would miss- they would pan out.
We always as soon as possible laid out our pertinent, applicable Jury Charges. These were the structure, the skeleton and framework of the case. The Christmas Tree that had yet to be decorated. For lay people-Read The Instructions first.
In order to accomplish whatever the goal is, one must ask what has to be done in order to get there. We needed the elements and necessary proofs of the claimed charge and then, we would create our order of proof with accompanying exhibits and displays. Business presentations, Charity pitches, Learning plans…same thing.
I always needed and found a single place, a quiet place to lay out my case as it was under construction. Eliminate the loud, the distracting. Have a place to focus.
The Theme of Massage…test and refine. We’d ask anybody we could button hole to listen to what we were working on. Their feedback was so often helpful in the sculpting of presentation. We used a lot of focus groups. You can create your own. Business associates, colleagues, your family…whatever can be assembled.
Whatever it is, prepare your written and spoken questions to fit the matter under consideration. Don’t use what we called the ‘canned’, same old, same old formats. Many good and well-versed questions can shake the matter down and out into your direction.
Will some research and study from ancillary resources lift your matter in your favor? Think about what you need and go after it.
Visual aids helpful. Create them using charts and graphs. We encounter hundreds of visual aids every day. Consider what looks good and useful to you. What format(s) are most effective and appealing. I would always have sticky pads of various sizes. And lots of sharpies. Can create at leisure or on the fly.
Always prepare thoroughly for any ‘preliminaries’…do not mail it in early. Come to everything with well-reasoned strength. Always has a salutary effect on the other side of the table.
Again, whatever it is: Talk It, Dissect it to Death.
Now, here’s a card. It reads “Drive your opposing counsel crazy.” Not in a bad way. Rather, in ways that are polite and thorough, keep coming with whatever. As is said, the squeaky wheel gets the grease. It sends the clear signal that you are indefatigable. It makes them respect you and makes them appreciate your side of it. It also makes them wary of you. That ‘Now What!?’ sensation.
Always be ready to concede the obvious. Never dispute or fight over ‘dead ground’. Be willing when it’s called for to say, “You may very well be right.” Keeps whatever the matter under discussion is clean and tight.
Know the personalities and dispositions of all involved parties. Study them. Take nothing for granted.
I would always-and again, on multiple occasions- go to the courtroom where my case was to be tried. I would sit and think and envision with specificity what was going to happen in there. It helped that courtroom to belong to me. There are plenty of instances in everyday life where this scenario can be helpful.
Whatever is under consideration, what must be in your toolbox. Don’t get caught without or short.
A few last thoughts-all of these were in the cards.
Laugh At Yourself. Be legitimately self-effacing. Don’t be angry. Kind humor beats anger almost every time.
Play the course-Not the other golfer. Make sure you have identified which is which.
Keep in mind what Elihu Root, Teddy’s Roosevelt’s Secretary of State and brilliant Wall Street lawyer often said: “About half the practice of a decent lawyer is telling would-be clients that they are damned fools and should just shut up.” Sounds like life to me. Maybe be a bit gentler than ‘Shut Up’.
Lastly, know thy self. Who are you? What are you about? Always Give Back: To your clients, your profession, your community, your country. Remember, it is better to light one candle than to curse the darkness.
There you go-now, go forth and be safe and keep thinking and reading and writing. It’s good for you!
All my best, Vernon