It happens.
My theory is that egos get in the way of proper preparation.
A Big Mustache Trial Lawyer wil rely on his minions, who may or may not do the correct preparation.
The Big Mustache Trial Lawyer often ends up believing his own BS.
When I go into trial there isn't a piece of paper I haven't personally reviewed. I guess, I am old-fashioned, but I even do deposition summaries myself, something paralegals typically do, in order to know exactly what the witness said because paralegals often get it wrong.
If I can, I will not bring a paralegal to trial, will carry my own boxes of material into the courtroom - in front of the jury, of course, vbg - and otherwise create the impression that I am not aligned with the bunch of other lawyers who bring in platoons of associates and paralegals.
It can be done and I do it.
Preparation is the key to winning.
Unfortunately, the art of trying a case is a dying one because it is not economic to try smaller cases in which young trial lawyers can make their bones, learn how it is done the hard way. The bigger cases end up being tried by committee, a disaster, IMO. |