Most
young
lawyers
don’t
lose
cases
because
they
don’t
know
the
law.
They
lose
cases
because
they
don’t
run
the
case.
They
don’t
drive
it.
They
don’t
manage
it.
They
don’t
control
it.
They
let
it
control
them.
And
then
one
day,
they
look
up
and
realize
discovery
closed
last
week,
the
client
is
asking
why
nobody
has
taken
the
key
depo,
the
adjuster
wants
a
status
report
“by
the
end
of
the
day,”
and
the
partner
is
asking
the
question
that
makes
your
stomach
drop:
“Where
are
we
on
this
file?”
If
you
want
to
run
a
case
from
beginning
to
end,
here’s
the
mindset
shift:
You
are
not
assigned
to
the
file.
The
file
is
assigned
to
you.
Own
it.
And
yes,
it’s
a
lot,
which
is
why
we’re
going
to
reduce
it
to
basics,
blocking
and
tackling,
and
turn
chaos
into
a
workflow.
Because
everything
we
do
can
be
reduced
to
workflows,
checklists,
and
decision
trees,
and
if
you
build
the
right
ones,
you
stop
reacting
and
start
running
the
show.
Here’s
the
playbook
from
intake
to
closing
letter.
1.
Start
With
The
End
Before
you
do
anything,
do
the
thing
nobody
does:
Start
with
the
end.
Not
a
trial.
Not
summary
judgment.
The
end.
What
is
the
best
realistic
outcome
for
your
client?
What
is
the
worst?
What
does
“winning”
look
like
in
this
jurisdiction,
with
this
judge,
with
this
plaintiff,
with
this
venue?
What’s
the
hill
we’re
trying
to
take?
If
you
don’t
know
the
hill,
you’ll
be
sprinting
in
random
directions
until
you
collapse.
So:
read
the
complaint.
Then
read
it
again.
Then
read
it
like
you’re
the
plaintiff’s
lawyer
trying
to
beat
you.
Identify:
-
The
legal
elements
that
matter
(not
all
the
elements,
the
elements) -
The
facts
you
can
prove
today -
The
facts
you
need
to
prove
later -
The
facts
you
can’t
ever
prove
(which
is
where
your
leverage
lives)
Then
create
your
case
theme
in
one
sentence.
Not
a
paragraph.
One
sentence.
If
you
can’t
say
it
in
one
sentence,
you
don’t
own
the
case
yet.
2.
The
First
72
Hours:
Triage,
Don’t
Tour
New
file
comes
in.
Everyone
panics.
People
start
doing
busywork.
They
“tour
the
file.”
Don’t
tour
the
file.
Triage
it.
Like
the
ER.
Who
is
bleeding?
What
is
time-sensitive?
What
is
about
to
explode?
Start
with
three
lists:
-
Deadlines
(answer
date,
removal,
responsive
pleading,
preservation,
early
disclosures) -
Evidence
(what
exists,
what
can
disappear,
what
you
need
to
lock
down
now) -
People
(who
matter,
who
know
what,
who
need
to
be
interviewed
before
memories
rot)
Calendar
is
king.
Set
the
answer
date.
Set
every
downstream
deadline
you
can
reasonably
predict.
Set
reminders
in
the
calendar
that
prompt
you
to
act
early,
not
on
the
due
date.
The
due
date
is
a
tombstone.
And
call
your
client
early.
Not
to
recite
the
complaint.
To
establish
trust.
Clients
don’t
want
a
lawyer
who
sounds
smart.
They
want
a
lawyer
who
sounds
like
they
have
a
plan.
So
give
them
the
plan.
High
level.
Calm.
Confident.
3.
Early
Case
Evaluation:
Numbers
And
Reality
One
of
the
most
difficult
jobs
for
trial
lawyers
is
placing
a
dollar
value
on
a
case
and
making
decisions
based
on
that
valuation.
You
can’t
run
a
case
if
you
don’t
know
what
it’s
worth.
So
early
on,
do
a
disciplined
evaluation:
-
Liability
exposure -
Damages
exposure -
Venue
risk -
Plaintiff
counsel
risk -
Your
client’s
risk
tolerance -
Insurance/indemnity
landscape -
Evidence
quality
And
here’s
a
line
that
should
live
in
your
head:
A
different
jury
may
agree
with
them.
That
sentence
keeps
you
humble
and
strategic.
It
reminds
you
that
litigation
isn’t
math.
It’s
human
beings.
So
build
a
range.
Not
one
number.
A
range.
Then
revisit
it
as
facts
develop.
Update
the
number,
or
the
number
will
update
you.
4.
Pleadings:
Don’t
Just
Answer,
Position
Pleadings
are
not
paperwork.
They’re
positioning.
Yes,
you
answer
the
complaint.
But
you’re
also
laying
tracks
for
the
train
you
want
to
run
six,
12,
18
months
from
now.
Ask
yourself:
-
What
defenses
actually
matter? -
What
affirmative
defenses
do
we
need
to
preserve? -
Are
there
jurisdictional
issues? -
Arbitration?
Venue?
Immunity?
Statutes? -
Third-party
practice?
Crossclaims?
And
if
you’re
going
to
file
a
motion
to
dismiss
or
motion
for
more
definite
statement,
don’t
do
it
because
it’s
what
lawyers
do.
Do
it
because
it
moves
the
case.
Motion
practice
without
strategy
is
just
exercise.
5.
Discovery:
Build
The
Map
Before
You
Start
Walking
Most
associates
approach
discovery
like
a
buffet.
A
little
of
this.
A
little
of
that.
No
plan.
Start
with
the
map.
Here’s
the
workflow:
A.
Written
discovery
Your
first
set
should
be
aligned
with
your
theme
and
valuation
drivers.
Not
“standard
interrogatories”
because
someone
used
them
in
2009.
Think:
-
What
facts
do
I
need
to
prove? -
What
facts
do
I
need
to
disprove? -
What
facts
does
the
plaintiff
need
that
I
can
force
them
to
commit
to
early?
B.
Document
strategy
Documents
are
where
cases
are
won
quietly.
Set
up
a
system
so
you
can
find
things
fast
later.
Because
“I
know
it’s
in
there
somewhere”
is
not
a
strategy.
It’s
a
cry
for
help.
If
you
can’t
find
it
in
30
seconds,
it
doesn’t
exist.
C.
The
discovery
plan
Write
it
down.
One
page.
-
Key
issues -
Key
witnesses -
Key
documents -
Key
experts -
Sequence
(what
must
happen
first)
That
one
page
becomes
your
compass
when
the
file
starts
trying
to
drag
you
into
the
weeds.
6.
Depositions:
You’re
A
Human
Lie
Detector
Depositions
are
not
theatre.
They
are
intel
gathering.
In
deposition,
you
are
a
human
lie
detector.
Set
a
baseline
early
with
easy
questions
and
note
changes
in
tone,
cadence,
pauses,
and
body
language
when
you
get
pointed.
That’s
not
just
a
cool
line.
It’s
a
method.
Start
with
a
baseline.
Then
apply
pressure.
And
keep
this
in
mind:
a
deposition
is
often
less
about
the
transcript
and
more
about
the
story
you’re
building
for
trial.
You’re
collecting:
- Admissions
- Inconsistencies
- Themes
-
Future
impeachment -
“This
witness
is
not
credible”
moments
(subtle,
not
melodramatic)
Also:
use
the
phone.
The
actual
phone.
You
know
that
thing
we
hold
in
our
hands
all
day?
It
makes
phone
calls.
Call
opposing
counsel.
Call
the
court
reporter.
Call
the
witness
coordinator.
It
works
wonders.
A
lot
of
“litigation
problems”
are
actually
“nobody
talked
to
anyone”
problems.
7.
Experts:
Don’t
Wait
Until
You’re
Desperate
Experts
are
not
a
checkbox.
They’re
your
translator
to
the
jury.
Identify
early:
-
Do
you
need
them? -
On
what
issues? -
When
do
you
need
to
retain? -
What
documents
must
they
review?
Then
budget
it
and
communicate
it
to
the
client
before
it
comes
as
a
surprise
invoice.
Here’s
the
rule:
No
surprises.
No
excuses.
8.
Mediation
And
Settlement:
Give
Them
A
Way
To
Save
Face
Settlement
is
not
a
weakness.
It’s
a
strategy.
Prepare
like
it’s
a
trial
—
because
if
you
don’t,
you’ll
negotiate
from
fear.
And
remember
the
truth
that
too
many
young
lawyers
learn
too
late:
If
you
corner
someone,
they
don’t
surrender;
they
bite.
So
give
the
other
side
a
path.
A
narrative
they
can
tell
their
client.
A
way
to
save
face.
That’s
how
deals
get
done.
Also,
don’t
walk
into
mediation
without
updating
your
evaluation.
See
above.
Update
the
number,
or
the
number
will
update
you.
9.
Pretrial:
Make
It
Boring
The
best
trial
lawyers
make
trial
prep
boring.
Not
because
the
trial
is
boring.
Because
they’ve
built
systems
that
remove
chaos.
Pretrial
is:
-
Motions
in
limine -
Exhibit
lists -
Witness
lists -
Depo
designations -
Jury
instructions/verdict
forms -
Theme
refinement - Demonstratives
-
Trial
binders
(physical
or
digital,
but
organized)
Win
the
file
before
you
walk
into
the
courtroom.
Trial
is
often
the
final
act.
The
verdict
is
the
applause
(or
the
booing).
The
work
was
done
months
earlier.
10.
Trial:
Mission
Mindset
I
once
knew
a
trial
lawyer
who
described
himself
as
a
mercenary
dropped
into
the
jungle:
fulfill
the
mission,
seize
the
hill,
blow
up
the
target,
get
out
in
one
piece.
That’s
not
bad
framing.
At
trial,
you
need
blinders.
You
need
purpose.
You
need
to
be
calm.
And
you
need
to
remember:
jurors
don’t
care
how
hard
you
worked.
They
care
whether
your
story
makes
sense.
So
tell
a
story
they
can
repeat
at
dinner.
11.
Post-Trial
And
Closing:
Finish
Like
A
Pro
A
case
is
not
over
when
the
verdict
comes
in.
Post-trial
is:
-
Judgment
entry - Costs
-
Post-trial
motions -
Preservation
for
appeal -
Client
debrief -
File
closing
letter -
Lessons
learned
memo
to
yourself
(yes,
really)
Do
a
debrief
even
if
you
“won.”
Especially
if
you
won.
Because
the
goal
isn’t
to
win
one
case,
the
goal
is
to
become
a
lawyer
who
wins
consistently.
And
if
you’re
in
the
middle
of
it
right
now,
overwhelmed,
behind,
staring
at
a
deadline
like
it’s
a
guillotine,
here’s
what
you
do:
Start
with
one
thing.
One
call.
One
email.
One
outline.
One
calendar
entry.
One
task
completed.
Then
do
the
next
thing.
Keep
going.
You
got
this.
Frank
Ramos
is
a
partner
at
Goldberg
Segalla
in
Miami,
where
he
practices
commercial
litigation,
products,
and
catastrophic
personal
injury. You
can
follow
him
on LinkedIn,
where
he
has
about
80,000
followers.