The success and failure of an injury lawyer in the job he does revolves around the issue of preparation. The secret formula for success is preparation; preparation that is complete, methodical and thorough. If genius is more perspiration than inspiration so is preparation more hard work than forensic ability.
Victory does not automatically come to the just. It is gained only after the attorney has arduously and precisely collated the proof in his file. If the proof is not complete he must set the machinery in motion to have completed what is needed. The periods between the preliminary nearing and trial date should be utilized in rounding up whatever proof may be required to convince the Referee that the claim should be rejected. The hearing man must avail himself of the opportunity that presents itself when preparing for the preliminary hearing to make notes of the additional facts that may have to be dug up.
As soon as the hearing is over he must prepare a memorandum outlining what has to be done by the examiner and what work is to be assigned to an investigator. Whenever possible, the attorney should review the case with the investigator who is aware of the strategy being employed in a case can be depended upon to do a better job.
At the time of preparation the lawyer must also determine how he will present his case when it goes to trial. What witnesses will he produce? In what order will they be presented? What should be highlighted? Soft pedaled? There are techniques at play in the drama of presenting a defense so that facts appear to build upon facts, each one of them falling into place, each one of them contradicting and exposing the claimant’s allegations until they are shown to be unworthy of belief.
No matter the facts, the attorney man by his manner and speech must also convey the impression of confidence in his case and a feeling of rightness in his cause. His qualities must be seen in their best light at all times. Even though such factors as personalities finesse, ingenuity, and skillfulness do not appear on the printed pages of a record they play their roles in the final outcome of a case.
The injury attorney must also possess the ability to conduct proper cross-examinations. There are techniques in cross-examination of witnesses which each man develops for himself. Some cases are won by cross-examination. Many are lost, however, by improper cross-examination. The talent of putting into proper words that question which must be asked is one of the necessary tools an injury lawyer must possess.
