If you missed the article titled “Letter to a Young Advocate” in the Fall 2015 Advocates’ Journal, you should try to find a copy (or check out the online version, if it’s available.)
There is never a moment when you are ready; there is only the moment when you are called.
In it, Harry Underwood recounts the time when he had to step up to the plate during a trial and gives some advice for young lawyers on how to prepare themselves to make sure that they’re ready when the time comes. Notably, he says that “there is never a moment when you are ready; there is only the moment when you are called.” I think that’s an important lesson to learn because there is no amount of sitting in your office or even attending CLEs/CPDs that will prepare you for what it takes to get up in front of a judge or jury and present your case.
The opportunities to do so are, of course, becoming fewer and farther between, but if you are a litigator, more likely than not, you will be called. Naturally, the question is – will you be able to answer the call?
Mr. Underwood gives a few tips to prepare yourself as best you can:
- Make it a rule to assume that from the moment you take on a case that it is bound to proceed to trial. His reasons for doing so are (1) so you won’t be afraid to try the case if it does go to trial and (2) so you will be ready to try it.
- Take the time at the outset of a case to develop a theory of the case and a plan to win it. Avoid seeing each stage of litigation as a battle to be won. You want to win the war and you need to have a long-term, strategic plan if you hope to do so. (of course you must continue to hone your theory and test it as things progress, but thinking in this way is what is important).
- “Always press on.” Keep the case moving forward. Set deadlines for yourself and your opponents, if necessary. There will always be a reason for delay, but be aware of the need to advance your client’s interests and keep things moving forward.
There are some other suggestions as well, but I thought these were the best. At the end of the article, Mr. Underwood says, simply, that developing good habits is a way to take responsibility for yourself and having those habits is ultimately what makes you a good advocate.
I couldn’t agree more. What habits do you think are important for young lawyers to master in order to become great advocates?