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DTCI: A lesson not learned in law school

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freybergerI appreciate my law school education. I was given the tools I would need to analyze and apply the law to a given set of facts. I had been brainwashed by lawyer shows on television and in movies to think that I had to be smooth. I relished the thought of catching my opponent in a mistake and slamming the trap at the perfect time, while the jury watched and nodded with approval. Then I started the practice of law. It is “the practice of law” for a reason, and I quickly learned what I consider to be the most important lesson for trial work.

Trial lawyers come in all shapes and sizes. Moreover, the different styles of trying a case to a judge or jury are even more diverse. Although we abide by the same sets of trial rules, statutory law and precedential case law, how we handle and argue from them varies greatly from one lawyer to the next. Trial work is intellectual mixed martial arts in that respect, where a boxer may wage battle against a wrestler.

What’s important about this is that, despite the differences in style, none are right or wrong. The efficacy of your style is dependent upon the jury, not your opponent. And I submit to you that your style is just as effective as anyone else’s, irrespective of the fact finder. This is something I did not learn in law school.

A partner of mine named Chris Lee served two tours of duty with the United States Army. When he tries a case, he is concise and pointed. He doesn’t waste words and saves objections for when they count. His “high and tight” haircut gives him away. He never has to inform the jury about his military service – it is easily identifiable by the manner in which he handles himself in court. In contrast, I’ve never been in the Army. I would never be confused with Chris. I use relaxed humor in the courtroom, where he uses laser-guided precision.

I worked closely with Chris before and between his tours of duty. When he was deployed, I tried to replicate his trial style. I cut my hair, sharpened my points and checked my lighthearted humor at the courtroom door. What I discovered was fairly traumatic: the same points being made by me didn’t have the same effect on the jury as they did when delivered by Major Lee. I learned that I am not, and will never be, Captain America. I am thankful it only took a few cases for this to sink in. After some mental healing, I began trying cases in my own style. The result was a more comfortable and more successful trial experience.

Those first few trial losses also taught me that I am neither better nor worse a trial lawyer than my opponent, no matter how many years of experience he has. This was a fact that was hard for me to internalize. Up to then, I assumed that everyone else knew the answers to the questions still rattling around in my head. It was then pointed out to me that both lawyers in a dispute operate from the same facts and the same law. It is a comforting thought.

I’ve been practicing law for only 10 years. I’m hardly what one would call a wily veteran. However, I’ve been given the opportunity to try more cases than most lawyers my age … mostly because of Major Lee’s military service. I only wish I would have found the comfort of trying the first few cases in my own skin rather than feeling the pressure of wearing someone else’s.•

__________

Gregory Freyberger is a partner in the Evansville firm of Kahn Dees Donovan & Kahn and is on the board of directors of DTCI. The opinions expressed in this article are those of the author.

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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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