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Appellate Practice,
Law Practice

Mar. 8, 2023

Preparing yourself for trial

Being a trial lawyer requires more than knowing how to try a case.

Christopher C. Melcher

Partner, Walzer Melcher LLP

5941 Variel Ave
Woodland Hills , CA 91367

Phone: (818) 591-3700

Fax: (818) 591-3774

Email: ccm@walzermelcher.com

Pepperdine University SOL; Malibu CA

As a trial attorney your performance in the courtroom depends on your mindset, stress levels and health. But, if you are like most attorneys, you will spend all your time preparing your case – and none preparing yourself. To be at your best and have a happy career, there are simple tips I have learned after many bad days in court on reducing the stress of being a full-time litigator.

A leading cause of stress for courtroom lawyers has nothing to do with the case that’s being tried; it’s the fear of looking bad. That anxiety can become overwhelming. Your mind starts to race. You stop breathing. You can’t hear or see anything. Your brain shuts down. What happens: you look bad. It’s a self-fulfilling prophecy.

An instinctive way lawyers protect themselves from embarrassment is to prepare to be the best lawyer in the world. You learn everything about trial practice and study your case. And you don’t stop there. The night before the trial you continue preparing. It is now 3:00 AM and the trial starts this morning. Because you had such little time to sleep, you had no time to eat. You drive yourself to court in traffic and hunt for parking. You roll your boxes toward the courthouse, dumping some on the street. As you’re approaching the court, you begin to worry about what’s going on at home or work, or about your finances. Every trial attorney has been there. How can you expect to perform under those circumstances?

The good news is that you can interrupt that cycle. You can train yourself to be stress‐free. It will make you a better lawyer, a better person at home, and preserve your health. Here are the tips.

Mindset.

Set a reasonable expectation for yourself. If your goal is perfection or to win the case, you are setting yourself up for failure. Likewise, if your goal is to avoid making a fool of yourself, it leads to the downward spiral I described. Instead, try thinking this: “My goal is for the judge to understand my client’s position.” That is achievable. You just want the court to hear what you have to say. Let go of your worries about the case. You did not create these bad facts and you are not the decision maker. The less you care about winning the case, the more relaxed you will be. You are now in the zone and more persuasive.

Eliminate stressors.

Get a good night of sleep. If you have a trial Monday, stop working Friday. Have fun over the weekend. Your mind will continue thinking about the case, but in more creative ways. The sleep you get is more important than the hours you would’ve spent preparing outlines. Take an Uber to court and arrive early. That way you are not stressed about traffic, parking, or being late. If you have boxes to bring into court, ask somebody to help you. That person could be your Uber driver for $20.

Exercise regularly.

As you take care of your body your stress will diminish. As a service professional, you may feel guilty thinking about yourself. It is OK to put your health first. You are important to your clients, to your colleagues, and to your family. You can’t help others unless you take care of yourself.

Your anxiety, stress levels and health directly affect your performance. Having a realistic mindset and avoiding stressful events will help you succeed in court. You will also be a happy lawyer.

#371524


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