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I’ve Been a Lawyer for 37 Years.  I vividly remember the early years working at a large San Francisco law firm with many amazingly bright attorneys. Back then, I enjoyed the constant challenges, the new things I learned seemingly daily, and the high energy of the legal world. In my early years, I was reticent to trust my intuition on judgment calls, such as which evidence would be most persuasive to the judge or jury or what would be the best strategy for litigating the case or prosecuting the trial. I always looked to the more senior attorneys to make those calls.

Young lawyers in large law firms almost never get to try the cases; the partners and senior lawyers do. But, I was lucky enough to be given much responsibility early in my career, and by my fifth year, I was trying cases. After practicing for about 10 or 11 years, I had tried 10 cases – and won every one of them.

With my successes came confidence in my judgment. I started to realize that my decisions were excellent regarding what was the most convincing evidence, how to best impeach the bad guys, in what order to call witnesses, how to proceed with jury selection and all other aspects of trial. Over the years, I continued winning almost all of my trials . . . I’ve now won 47 of 50 cases, 94%.

Why Do I Love Practicing Law?  First and foremost, I like helping people solve their problems. I can’t fix a broken faucet or install a water pump, but I can fight legal battles really well. And, I’ve noticed that, during the heat and stress of litigation, I develop close and meaningful relationships with my clients. I think they see how committed I am to protecting them and winning their legal battles, and they appreciate my devotion to them. We work very hard together, and we go to battle together in the courtroom. And, when we win, we both feel indescribable satisfaction. In fact, several of my very closest friends started out as clients.

Second, I’ve always lived for competition – whether it was sports, scholastics or a friendly game of chess. Trials are the ultimate competition: very smart adversaries, difficult legal battles with surprises coming every week, and very high stakes. The thrill of victory is spectacular.

Finally, I think we all enjoy things at which we excel – especially if it’s a specialized subject in which few people are able to achieve results. After 37 years, I know litigation and trial work is my calling, my special gift, and my best avenue for helping others.

The Most Important Asset a Witness Needs Is Credibility

If the jury or judge does not believe the witness’s testimony, or even a small portion of the testimony on an important issue in the case, the case will likely be lost.

Interestingly, I run into many witnesses who perceive themselves to be very likeable and believable – but who are actually slippery, shady or otherwise give off a suspicious air. Even honest and good people can appear untrustworthy. All of these people can be good or even great witnesses if they follow a few basic rules.

Tell the Truth

I know that sounds fundamental, but it’s harder than you may think. Too often, I have clients or witnesses who veer away from the truth on the witness stand, either intentionally or by accident. For example, sometimes the witness just doesn’t recall exactly what happened but, instead of admitting that, she makes up what she doesn’t remember. While that seems innocent enough, on cross-examination, a very good trial lawyer will tear apart pieces of the make-believe testimony – or maybe even a single seemingly important part of her story. This impeachment will cause the jury or judge to disbelieve the witness’s entire testimony.

Other times, I see witnesses who obviously believe they can lie better than anyone else. They appear to believe they are actors on par with Jack Nicholson or Meryl Streep. Maybe they are. But, opposing attorney’s are skilled at dissecting the liar’s testimony and highlighting the inconsistencies and outright lies. The “tangled web” saying came about for a reason. Very few people tend to think through their lies at enough levels to come up with good answers to probing cross-examination.

Prepare

Preparation for deposition and trial is the witness’s best tool. Witnesses most often get into trouble because they just don’t remember all of the facts in great detail. The best cure to this problem is to review very thoroughly – refreshing your memory – several times – all of the documents relevant to the case and to rehearse telling the story of what happened. The fresher the witness’s memory is about the events and transactions at issue, the better her testimony will be.

Testimony

During the witness testimony, it is critical to listen carefully to the questions, responding to opposing counsel with sufficient volume and clarity to ensure the court reporter can hear you well. Answer only the questions posted to you and do not volunteer information, unless directly pertinent. Your attorney will be with you, confirming when you should answer questions and applying the rules of evidence for your case.

Win the Case

Finally, hire the lawyer with the best record of success at trial. An excellent trial lawyer will coach you and test your recollection and prepare you to feel confident while testifying. Those lawyers win their cases for a reason. You might as well hire that expertise to help you win your case.