When On Trial, Give Your Mind A Break

Trials are the most fun we have as lawyers and require near-constant focus -- for weeks. But to win, focus on something else sometimes.

As someone fortunate enough to be involved in managing a thriving law firm, my attention gets pulled in many directions, on many cases, and on many management issues. Given all that, trial is, for me, a sheer delight. When I have what might seem like the obligation to devote 12 to 14 (or more) hours a day, for weeks, to trial preparation and the trial itself, the focus is energizing and allows me simply to have a lot of fun.

But a good trial lawyer, so focused, must be careful. It’s easy to become your own echo chamber, or at least one with your trial team. For that reason, lawyers at my firm not assigned to trial matters are often brought in very late in the case to act as mock jurors or judges or arbitrators to help the trial team moot the case. We also use outside mock juries and mock judges and arbitrators to run the story by them. You can’t be so focused on your supposed winning arguments that you allow your advocacy mentality to take over and limit your thinking.

There’s another way, though, whereby, individually, you can ensure that you think about the case the right way: give yourself a mental break from it.

I’m not just talking about the things you should do when on trial to maintain endurance and health, like adequate sleep (when you can), exercise (as much as possible), and some family time (always). I mean giving your intellect a sabbath from the trial. The best way to do that is not by watching an old Arnold Schwarzenegger movie on Netflix (though that’s a phenomenally good way to give your brain a break). It’s by bringing your mind to focus on something else intellectually demanding.

We thankfully have ample work opportunities to do this. Speak with a colleague about her upcoming argument (which is unrelated to your trial case). Review and give thoughts on a colleague’s brief (which is unrelated to your trial case). Have a settlement discussion with an adversary (which, again, is unrelated to your trial case). I’ve found that this kind of intense, intellectual focus on something other than my trial gives my mind space such that, once I do come back to the trial, I think better and have a fresher point of view.

Winning at trial is not easy, nor should it be. And it does not just happen, nor is it only a product of hard work (though working hard remains the most important way to win). Try your cases smart by taking what time you can to not think about the trial and to focus on something else.


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john-balestriereJohn 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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