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To Win, Work The Way That Works For You

You need to complete all of your work so you can serve your clients and win -- but do your work in the way that works for you.

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John G. Balestriere

John G. Balestriere

You need to complete all of your work so you can serve your clients and win, with no excuses. But you have to do your work in the way that works for you.

I recently had a streak of several appellate arguments in a short period of time, in multiple federal circuit courts and two different appellate courts in New York, where my firm is located. Leading up to each argument, I set aside time in my calendar to review everything I needed to, generally trying to keep the prep to no more than two hours a day so I could let the arguments I was developing sink in over time and, I thought, not overwhelm myself.

It never, ever worked that way for me, neither during this recent streak or in any of my dozens of past appellate arguments. Instead, the few days leading up to each argument I simply swam in everything for 10 hours a day or more — reviewing excellent argument memos created by my colleagues, the relevant authority, sometimes (but not that often) the rare good and relevant law review piece, moots by my colleagues, and obviously the briefs and record, and all documents and information well organized by analysts at our firm. Those same excellent colleagues put up with me while I fired off sometimes a couple dozen emails a day with all kinds of questions about how to interpret cases or craft an argument. I felt fortunate that one of the arguments was before the Ninth Circuit, forcing me to travel and thus making it easier for me to prep from morning until the night (I almost hate that there is now wifi on these flights, which can create distractions).

Just next month I have an argument in the Second Circuit and then two arguments in the First Department (the Appellate Division, which handles appeals arising out of New York County’s Commercial Division, where we also litigate). I’m stubborn, so I somehow still think I can somehow prep a couple hours a day for weeks leading up to the arguments. I’ve even made entries in my calendar, per my usual practice, setting aside time, a few hours a day, for weeks. But the chances are very good that I will not spend that scheduled time just as I haven’t before. It is not a discipline I have.

To be sure, I also will not walk into any courtroom without being adequately prepared (I always have a sense walking in that I should have prepared more, and thankfully I always leave feeling like I overprepared). I’m hardly saying that if I set aside time to prepare, and then do not prepare, that that is OK. It is not, at all. You need to spend the time in preparation, however much time that is.

What am I saying (and the point of this piece) is that you need to know yourself and act accordingly. Accepting that, no matter what I plan, my days leading up to an appellate argument will very likely be all about argument prep. So I make sure not to schedule depositions, evidentiary hearings, networking time, or even family events. I also have learned not to kick myself so much if I set aside an hour or two for appellate prep on a given day and somehow that time ends up being devoted to other work.

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We all need to ask ourselves how we work best: in the mornings? Later in the evening? In a busy cafe or even a bar? Or in a quiet office with the door closed? Are we better focused on one paper or one task all day long? Or do we do better jumping back and forth between different things? We have to ask ourselves honestly: how do I work best?

Then we have to act consistent with that knowledge. Let your colleagues know that you will have your door shut all morning if that’s best for you, or that they can reach you on email if needed while you plow away nearby in a coffee shop. Ask your teammates if your way of working makes sense with the work you need to do together, then, again, act.

We need to stop being so stubborn and stop wishing, for whatever reason, that we work a certain way. Instead, we need to know how we work best, and make sure we do that so we can win for our clients.

John Balestriere is an entrepreneurial trial lawyer who founded his firm after working as a prosecutor and litigator at a small firm. He is a partner at trial and investigations law firm Balestriere Fariello in New York, where he and his colleagues represent domestic and international clients in litigation, arbitration, appeals, and investigations. You can reach him by email at john.g.balestriere@balestrierefariello.com.

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