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The first thing it takes if a client is looking to hire someone for a trial is a lawyer with significant trial experience. Every lawyer has had their first case, and although many do better than expected, no client should entrust a significant trial to someone who is just beginning, any more than a patient would want heart surgery from a surgeon trying it for the first time. It’s crucial to hire someone who is experienced and prepared.
A great trial lawyer also needs to have a lot of energy. There are many physically demanding aspects of trial work, both before the trial and throughout its duration. They must be in good shape, committed, and tenacious. Alongside these traits, they should always be mindful of ethics, never crossing the line. While sophisticated clients may understand the importance of maintaining integrity, less experienced clients might not always appreciate it. Nonetheless, great trial lawyers prioritize honesty, professionalism, and integrity above all else.
Trustworthiness is another key characteristic. A great trial lawyer is someone the client feels they can rely on. They are not only persuasive but also transparent, ensuring the client can depend on what the lawyer is saying. Moreover, a great trial lawyer is an exceptional analyst, able to identify a case’s strengths and weaknesses after studying it thoroughly. This allows them to position the case for success, minimizing potential losses and discussing strategies with the client well before a jury is selected.
Storytelling is another vital skill. Even in cases like commercial or intellectual property disputes, which can often be dry, a great trial lawyer knows how to inject drama into the story, making it engaging and compelling. They turn the non-fiction narrative of the case into something that captivates the audience, breathing life into the details.
Presence in the courtroom is essential. The best trial lawyers naturally take command without being overbearing. They are always prepared and communicate effectively with the judge, ensuring the trial progresses smoothly. A great trial lawyer has the ability to connect with the judge, witnesses, and the jury, understanding their emotions and adjusting their approach as needed.
The ability to manage both the client and the trial’s stresses is crucial. Clients often come with personal baggage, and the great trial lawyer can identify potential issues related to a client’s psychology. They work with the client to ensure they are the best possible witness they can be. Under pressure, great trial lawyers manage their own emotions—whether anger or anxiety—without letting them interfere with the case. They stay calm, focused, and flexible, prepared to adapt to any surprises that arise during the trial.
Finally, the best trial lawyers are compassionate and respectful of everyone, regardless of the circumstances. They approach their work with a genuine respect for others, which sets them apart as not only great lawyers but great people as well.
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New York, NY commercial litigation attorney Philip J. Kessler explains what it takes to be successful as a trial lawyer. The first quality a client should seek when hiring a lawyer for a trial is significant trial experience. Every lawyer has had their first case, and while many perform better than expected, no client should entrust a significant trial to someone just beginning their career—just as a patient wouldn’t want heart surgery from a surgeon performing it for the first time. It is essential to hire someone who is both experienced and well-prepared.
A great trial lawyer must also possess a high level of energy. Trial work is physically demanding, both before and during the trial itself. A great lawyer must be in good shape, committed, and tenacious. In addition to these qualities, they should always maintain a strong sense of ethics, never crossing the line. While sophisticated clients may understand the importance of integrity, others may not. Regardless, a great trial lawyer consistently prioritizes honesty, professionalism, and integrity.
Trustworthiness is another critical characteristic. A great trial lawyer is someone the client can rely on, not only being persuasive but also transparent, ensuring the client can depend on what the lawyer is saying. Additionally, a great trial lawyer is a skilled analyst, able to identify the strengths and weaknesses of a case after thoroughly studying it. This allows them to position the case for success, minimizing potential losses, and discussing strategies with the client well before a jury is selected.
Storytelling is another essential skill. Even in cases such as commercial or intellectual property disputes, which can often be dry, a great trial lawyer knows how to infuse drama into the narrative, making it compelling and engaging. They take the non-fiction details of the case and breathe life into them, captivating the audience.
Courtroom presence is crucial. The best trial lawyers naturally command the room without being overbearing. They are always prepared and communicate effectively with the judge, ensuring the trial progresses smoothly. A great trial lawyer can connect with the judge, witnesses, and the jury, understanding their emotions and adjusting their approach accordingly.
Managing both the client and the stresses of trial is vital. Clients come with their own personalities and baggage, and a great trial lawyer knows how to identify potential issues related to their psychology. They work with the client to ensure they are the best possible witness. Under pressure, great trial lawyers manage their emotions—whether anger or anxiety—without letting them interfere with the case. They remain calm, focused, and flexible, ready to adapt to any surprises that may arise.
Lastly, the best trial lawyers are compassionate and respectful toward everyone, regardless of the situation. They approach their work with genuine respect for others, which not only makes them exceptional lawyers but exceptional people as well.