- Be a “marine”- agile, hostile, mobile, adapt and overcome- find a way.
- You always have a move.
- You can control your outworking them.
- As in chess, think about what moves they will make to your moves.
- Never get spooked when you know you’re right. Double down.
- Make lists. Work the lists. Always reprioritize.
- The golden rule- “If they like what you’re doing, it’s bad for you. If they don’t like it, it’s good for you.”
- Delegate. Plan.
- Take action.
- Don’t piss down my back and tell me it’s raining.
- There are more failures from not going all in than anything else.
- It’s better to take some action with the most information you have than perfect information.
- Be nice.
- You will never have 100% information. Get the information you can and decide.
- A “nicked person” given a second chance can be a powerful and loyal asset.
- Retaining a valuable employee is less costly than training a new employee.
- A leader must work by example harder and longer than everyone else.
- A disloyal employee must be fired.
- “You get more with a kind word and a loaded gun than a kind word alone.”
- The key to all negotiations.
- Do not overplay your cards.
- Everything matters.
- Don’t let anything go unanswered.
- Every minute matters.
- When in doubt, leave it out.
- Don’t assume each juror is on the same page.
- The chain can’t be broken- liability, causation and damages.
- Their experts must be nicked.
- Remember that jurors are normal people.
- Empower the jury. They can do something good and important.
- Their heart will control their logic.
- It does no good to have facts and information unless it is summarized, organized and usable.
- Argue the case at all times.
- Admission or denial of the obvious.
- Stress 51%
- “Are you telling this jury”
- “Do you expect this jury to believe”
- You must address what the client gives input on.
- Do not lie to me.
- Humor me. The one with the responsibility.
- Preparation requires a script and organized testimony.
- Always review the exhibit index before finishing a witness.
- Always consult with the client before finishing a witness.
- Do not hide or ignore any bad fact. Refute it. Spin it. Debunk it. But address it.
- In closing, you must be able to refute anything they said by evidence or argument.
- Simplify everything.
- People remember what they see more than what they hear.
- Demonstrative exhibits.
- Summary exhibits.
- Let the client be themselves. Their testimony need not be perfect.
- It can’t be a discretionary medical decision.
- Put things in context.
- Keep table clean and organized. Regroup every night.
- Who does the jury believe? Win the believe battle.
- Treat jurors like your friends.
