What Kind of Lawyer do You Want to Be When You Grow Up? Judge Mary Thornton House San Gabriel Valley Bar Association

IDEA FOR THIS TOPIC

THERE WAS THAT LAW OF LIFE, SO CRUEL AND SO JUST, THAT ONE MUST GROW OR ELSE PAY MORE FOR REMAINING THE SAME. NORMAN MAILER

Unhappy clients, crazy jurors, uptight judges, billable hours – I became a lawyer because…????

SELF-TEST

Judge’s Observations Attorneys are NOT Prepared in Court Attorneys do NOT Know the Evidence Code Attorneys FAIL to file Succinct, On-Point Pleadings………..

BIGGEST FRUSTRATION Attorneys are Not Civil with each other and the Court At least I get paid more than a 5 th grade teacher……

EPIC METHOD ETHICS + EVIDENCE PREPARATION + PASSION INTEGRITY + IMAGINATION COMPASSION + CIVILITY

ETHICS

EVIDENCE Read the Code Every January Think Foundation, Foundation, Foundation Think Presentation, Presentation

PREPARATION Regardless of the Type of Lawyer You, Think: COURTROOM Before send/answer demand letter, file/answer complaint, set up discovery plan/respond to discovery – READ JURY INSTRUCTIONS

PREPARATION Court Appearances: Think FACE FACTS – Know them. APPEARANCE – Respectful CITATIONS – If cite a case, know it. EYES OPEN – Observe.

PASSION

INTEGRITY The cover-up is always worse than the crime in matters dealing with integrity. Mary Thornton House, 1953-

IMAGINATION Cultivate relationships outside of the law community Read a variety of books. Watch cartoons, see a “G” movie, talk to a five year old.

COMPASSION EMPATHY WITH REASON

AIRLINE SAFETY RULES

A PLEA FOR PLAIN LANGUAGE WE NEED TO GET OVER OURSELVES ‘LEGAL SPEAK’ TURNS OFF JURORS IMPEDES YOUR COMMUNICATION WITH THEM

EXAMPLES Plaintiff Legal Speak: if we prove, by the preponderance of the evidence, that my client’s injuries are the proximate cause of the negligence of the defendant, will you be able to compensate him for those injuries?

 Plaintiff Plain Language: If my client got his broken leg because of Mr. Defendant’s driving, can you determine an amount of money that will help him get back on his feet?

More Examples…. Defendant Legal Speak: If the plaintiff fails to prove that my client was negligent by a preponderance of the evidence, will you be able to put aside any prejudice or sympathy for the plaintiff who may have sustained substantial injuries?

Defendant Plain Speak: If you feel concerned and are worried about Ms. Smith’s injuries, can you still require her to show that my client was responsible for those injuries, as the rules in these cases require? Follow-Up: Ms. Smith’s injuries sadden us, but, we believe we’ll show you that we aren’t responsible for them; if we do show you, can you put aside any feelings you have by agreeing with our belief?

MORE EXAMPLES……. LEGAL SPEAK: How do you feel about tort reform?

Plaintiff Plain Speak: Do you think that rules about getting compensation for accident victims should be changed? Defendant Plain Speak: Is a jury trial the best way to handle these automobile [accident cases] [fender-benders] or should our legislators change things?

PLAIN LANGUAGE IN WRITING, TOO!!!!

POINT FACTS IN SUPPORT ACTIVE VOICE TOPIC SENTENCE OF YOUR CASE

CIVILITY TRY THE CASE, NOT THE ATTORNEY. MARY THORNTON HOUSE, 1953-

LITIGATOR V. TRIAL LAWYER

SUCCESS To Laugh Often and Much, To win the respect of intelligent people and the affection of children, To earn the appreciation of honest critics and to endure the betrayal of false friends, To appreciate beauty, To find the best in others, To leave the world a little bit better whether by a healthy child, a garden patch, or a redeemed social condition, To know even one life has breathed easier because you have lived. This is to have success.