Litigation is the area of law that non-lawyers tend to be most familiar with, thanks in large part to movies and TV. But unlike what you see on the screen, real-life litigators need be successful inside and outside the courtroom in order to rise to the top in Biglaw. In fact, some might even argue that what happens behind the scenes is more important than the main event.
Being a successful litigator means perfecting your research, writing, and negotiating prowess, in addition to unflinchingly advocating for your client. It takes a very particular set of skills to win when the stakes are high. Crafting novel arguments and finding creative solutions to seemingly unsolvable problems requires a special kind of fearlessness.
Every successful litigator finds his or her own formula for success, but there are certain critical attributes that make fearless and successful litigators stand out from the masses.
Risk-Taking
Litigation involves risk, and successful litigators are comfortable with that. In fact, they relish it and welcome the chance to find inventive ways of getting out of difficult situations. That means not being afraid to play the right card in your hand, depending on where you are in your case — it may happen on paper or it may happen in the courtroom. Your clients might not always understand your approach right away, but your fearless confidence will convince them that your actions are in their best interest. As one top litigator put it, “When that happens, we are not only asking our client to trust our judgment, we are also putting our reputation on the line.” That takes real guts.
Relentlessness
In some circles, being relentless can be seen as a bad thing, but not in litigation. Fearless advocacy involves rising to whatever challenge presents itself in order to best represent your client. One experienced litigator put it best: “Whenever a client comes to a lawyer and places his or her problems on their shoulders — be it an individual or a multi-national corporation — that’s a tremendous responsibility. But it’s also a privilege, and we owe it to our clients to defend them as vigorously as possible. If that means spending 18 hours a day on a case for months on end, then that’s what’s required. If you don’t like that kind of heat, you should be in a different kitchen.” It might not always be fun, you might be tired, and your case might seem hopeless, but that’s when the fearless find the fire to push forward.
Preparation
“Be prepared” may be the motto of the Boy Scouts, but it applies to litigation as well. In many cases, preparation can far outweigh intelligence, skill, and experience. All those thankless all-nighters will really pay off when your client’s livelihood is on the line. Successful attorneys should adopt the approach of this fearless litigator: “I always assume that the other side is smarter than me, that the judge is smarter, that the witnesses are smarter, and that I have to be better prepared in order to beat them. I make it my business to be the most knowledgeable person in the room, and that preparation tends to pay off as a case unfolds.”
Creativity
Lawyers have never had the reputation for being an artistic bunch, but litigation requires a different kind of creativity in order to succeed. Crafting the perfectly succinct argument, communicating in ways that clients will understand, solving complex problems — those tasks can all take far more creativity than you can possibly imagine. You need to draw on every weapon in your arsenal to find the solution that no one else dared (or thought) to try. Your life didn’t begin when you became a lawyer — all of your experiences and jobs prior to that equip you with a unique ability to understand people and situations. The fearless leader draws on these unconventional sources of inspiration and uses them to the client’s advantage.
Leadership
Litigation isn’t a one-person show. While your ego may want to think that you can handle everything yourself, the best litigators recognize the need to assemble the right team to achieve victory. A successful team requires a capable leader, one who keeps everyone informed on all aspects of the case and isn’t afraid to roll up his or her sleeves to pitch in when things get dirty. In the words of one fearless litigator: “You can’t consider yourself too important to do the nitty-gritty grunt-work necessary to be truly prepared, and you can’t lead effectively — especially over the long haul — if you think some work is beneath you.”
Successful litigators have the courage to conquer high-stakes challenges by using all the tricks they have up their sleeves — audacity, persistence, planning, ingenuity, and responsibility. Their commitment to seeing things through to a successful outcome never wavers. That fearlessness involves drawing on all available tools to out-litigate their opponents. Thomson Reuters offers a host of unrivaled resources that are invaluable in helping you win your case. Fearless advocacy starts with Thomson Reuters Solutions Finder. Learn more here.