SECRET LEGAL WISDOM

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How To Get There

 

There are many ways to succeed in court. The conventional method – bringing evidence in a case before a judge or jury and receiving a favorable verdict at the conclusion of trial – may be the most familiar, but is not the most common outcome of litigation. Most cases are either settled before trial or dismissed (which is another way to measure success if you happen to be the defendant).

 

“Whether you are suing or being sued, keep in mind that the opposing lawyer probably has been given authority by her client to recommend an amount to settle the case,” the Nolo Press advises the pro se when going up against an attorney.

 

If you have a solid command of the facts of your case and can “demonstrate through your court papers and conversation that you know enough about the legal system to get what you deserve … the chances are good the opposing lawyer will be willing to consider or offer a reasonable settlement at an early stage.”

 

Achievers don’t just stumble upon their accomplishments. There is a repetitive formula for success. Many years ago I was on my way to a University of Maryland basketball game at Cole Filed House where the Terps were playing the Wolfpack from North Carolina State. As I was riding in my car to a Maryland basketball game against North Carolina State I was listening to the Johnny Holiday pre game radio show. Johnny was interviewing the State coach Jim Valvano. Valvano had just won a National Championship the year before. Shortly into the interview Johnny ask Coach Valvano what his secret to success was. Coach Valvano said rather non challantly and quickly--" Well Johnny you have to have a vision, then a strategy and you have to be enthusiastic then you have to work like crazy to make sure that you accomplish the vision". Coach Valvano said that his vision was to win the game on a shot at the buzzer. His strategy was to get to the last 2 minutes no more than 6 points down. He was sure that his team could play strong enough defense in the final 2 minutes to make sure the other team did not score and he was sure his team could execute and score over that relatively short period of time. Sure enough over the years I watched Jim Valvano execute his plan for success and he wound up being one of the most successful coaches. His life was cut short by a tragic and fatal fight with cancer--but the coach never gave up. His lesson and legacy will live on for years.

 

  1. Vision: A clear vision of a successful outcome and the spoils of that outcome. Remember, Solomon said “ without a vision my people will perish”(For the litigant, a judge or jury’s decision in one’s favor)

 

  1. Strategy: Getting ready. Planning and undertaking the actions and steps necessary to be ready to execute. (Preparing the case, assembling evidence, testimony, writing briefs, motions, etc.)

 

  1. Enthusiasm: You have to be excited about what your doing. But ehthusiam is more than just excitement –it is the power of positive thinking. The notion that no obstacle is too big to be overcome.

 

  1. Work: Victory requires effort and then more effort 
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