Knowing your audience, being prepared and being authentic were among the tips that court veterans provided at an NJSBA Annual Meeting program for trial lawyers.
A panel of esteemed members of the New Jersey Supreme Court, U. S. District Court, and a seasoned practitioner gave some of their best tips for attorneys in litigation.
Attorney David Kott of McCarter & English, LLC in Newark moderated the program that featured Justice Jaynee LaVecchia and Justice Anne M. Patterson of the state Supreme Court, U.S. District Court Judge John Michael Vazquez, and attorney Brian J. Molloy of Wilentz, Goldman & Spitzer, P.A. in Woodbridge.
The panel explored what litigators need to know in the context of brief writing, oral arguments, motions and appeals, depositions, dealing with experts and trial situations.
Key among the guidance was “know the judge”—that is, know what they want and help the court understand the issues at play in a case.
“You can’t count on a busy trial judge or appellate judge to ferret out your brilliant idea that’s buried deep in a convoluted, complex sentence or an overly deep paragraph,” LaVecchia said.
“We want a brief that can be read quickly and it flows easily on the important points, but contains richness and citations both to the law and to the record. Those will be essential when it comes time for writing the opinion.”
Vazquez reworked Alec Baldwin’s line from the movie, “Glengarry Glen Ross,” where instead of using the ABC (Always Be Closing) method for sales, he recommended attorneys use the ABT method, “Always Be Thinking.”
Other tips included:
- Start with the strongest and most important point.
- Stay focused.
- Listen closely.
- Be courteous to all involved.
- Have a point and make a point.
- Know when to stop.
- Have faith in the system.
- Don’t avoid the vulnerabilities in your argument; your adversary won’t.
- Look at your case from your adversary’s point of view.
- Tell the court exactly the disposition you wish to receive. Don’t make them ask for it.
- Be yourself. Be authentic.
- Be prepared.
- Make an outline.
- Ask short, clean questions.
- Enjoy the experience of being an advocate.