As young lawyers we all want to do well in whatever field of practice we are in. We enrolled in law school for a variety of reasons and with diverse backgrounds. Some of us went straight from undergraduate studies and some of us tried our hands at different things before deciding to go.
One common thread connects us all though and that is we want to excel and succeed for our clients, for our bosses and for ourselves. More likely than not, regardless of whichever path got us to school, passing the bar and the practice, we worked hard at it.
Not succeeding was a foreign concept for most of the law students I met. The fear of failing was probably so great that it just was not an option in our lives. I remember vividly the fear taking control one time back in my first semester of law school. I was convinced I was not going to not be returning the next semester because I was going to miserably fail all my classes.
Thankfully that dread turned out to be unfounded, and I resolved to do everything in my control to not feel that powerless ever again. Bar time eventually came around and I studied like my life depended on it. As I began my practice, I tried my best to do a great job, to learn as best as I could everything about the type of law I was practicing and to learn how to build a successful case.
As a litigator, one of the things I endeavored to study was the development of strategic theory. The approach I settled on after much reflection is this: try to develop themes and theories with a jury in mind, and try to figure out a way to do this as clearly and succinctly as possible. This sounded simple and easily attainable when I was relatively new, and I thought it so because I have learned to avoid failing. In reality it takes experience, practice, guidance and more practice. It takes falling down and being able to get back up. Ask an experienced trial lawyer and litigator and you will be told they still learn something new every time out.
If you are lucky as a young associate, you are able to work on a case from start to a winning finish. If you have, you may have realized that even the simplest of cases can have many twists and turns. A hard reality to face is when you are on the losing end of a case. In trial work, most times, one side will win and one will lose. This has always been the traditional approach and method of resolving conflicts. When you are on the winning end of a case, it is the greatest feeling in the world. Conversely, when the result is not viewed as a win either to the lawyer or the client, it can feel like a kick to the head.
What do you do in this situation? If you are like me, you go back physically and emotionally and you search. You go through the file, comb through all documents, re-read depositions and you wonder what could have been done differently. You dissect your brain and you go over the strategic decisions made in the case. In your darkest moments of defeat, you may even question your abilities.
I have heard tell that if you were an athlete or played sports in your youth, it is easier to comprehend. You understand almost instinctively that it is all part of the process. One side always wins. Professional athletes go back and review film, and they figure out ways to get better. I am sure this process is no barrel of laughs, but rather it is a necessary and important part of learning.
The same theory applies in our profession and the trial world. Sometimes you lose. Sometimes you will wish you had done things differently. Hindsight can be torturous if you let it go unchecked. It is up to us to utilize it as a constructive tool rather than a detriment to our health.
We, as a species, learn from our mistakes and our defeats. The important thing to take from the dreaded “failure” is getting back up and continuing to persevere. Learn from the loss and get better. Just because things did not go your way, it does not mean you will continue to do so at every turn. It will pass.
Personally, I have started to realize that although perceived defeat hurts, I have the capacity to learn from it. I know the next time what not to do, what to do and what never to do. I have begun to see strategic decisions in a different light and more clearly. This new vision allows me greater insight and new tools in my practice.
What may seem like a loss in the short term can be a gain in the long run. So I’ll pick myself up, brush myself off and continue to be taught by the practice and continue to practice as best as I can.
We have long admired her sense of tailoring and femininity
miranda lambert weight loss How to Become a Model for Forever 21
snooki weight lossHow to Get Rid of Dark Patches on My Face