When You Plan For The Worst, You're Prepared For Everything
Good trial lawyers always "war game" their trials. "If this happens, here's what I'll do." I use "visioning" as a tool to prepare for cross examination, trying to imagine every answer to every question so I can "see" what I will do in response, or decide I don't want to incur the risk of going down the wrong road. Good trial lawyers spend many hours preparing for each hour they spend in court.
The same is true for good appellate lawyers. And while I don't have occasion to see them practice their craft, I suspect the same is true of all good lawyers in whatever discipline they practice. Study, research, think, plan, practice, rehearse, and then do it all over again.
Which leads me to two questions. If these kinds of efforts are the ones that are necessary for success in our practice, why don't we employ them in our efforts to develop and serve clients? And why don't we employ them in our efforts to lead and manage our firms? Both of these areas are critical to the success of any enterprise, and yet time and again I hear about or witness lawyers who don't prepare for these two critical functions with the same thoroughness that they demand of themselves before going to court. Is it because they don't really believe marketing and management are really that important. Do they think they're natural leaders, managers and rainmakers so that preparation isn't necessary?
Lest there be any doubt about what I believe, I am certain that every task one performs, whether it be conducting a trial, marketing to a prospect or managing a law firm, benefits immensely, perhaps immeasurably, from careful preparation, study, rehearsal and thought. Those performing these tasks owe their colleagues that level of commitment.