The Seven Habits of Highly Effective Litigators
by James A. Collura & Daniel F. Shank

BORROWING A PAGE FROM STEPHEN R. COVEY'S THE SEVEN HABITS OF HIGHLY EFFECTIVE PEOPLE, the following list highlights the areas where successful litigators shine. These habits are especially ingrained in Coats|Rose trial attorneys.

1. KNOW YOUR CLIENT'S LITIGATION PHILOSOPHY. Good litigators recognize that no two clients are the same. Successful litigators are able to identify a client's litigation philosophy and tailor the litigation to meet the client's needs.

2. INVESTIGATE EARLY AND COMPLETELY. This allows the litigator to inform the client of potential issues, make a full evaluation of liability, and pursue a cost-effective resolution through settlement, summary judgment, or trial.

3. COMMUNICATE WELL. COMMUNICATE OFTEN. Clients know if you return a phone call the day they leave a message. But it usually takes two years or more for them to know if you are going to win or lose the case. Good, frequent client communication is a must. If there are special reporting requirements, they should be determined and met.

4. ANALYZE CASES OBJECTIVELY. Although attorneys are trained in law school to see both sides of each position, highly successful litigators must scrutinize liability and analyze the economic realities of the situation. They must be intellectually honest about the merits of their case. 

5. AVOID HANDLING EVERY CASE THE SAME WAY. A routine is easy to follow. Cookie cutter approaches, however, are a sure path to predictability and complacency. Thinking outside the box and developing a strategy tailored to the particular case promote problem-solving. 

6. SEE THE FOREST AND THE TREES. An attorney must balance a command of the details with "the big picture." Attorneys who know the details without a healthy overview may get lost in minutiae. On the other hand, attorneys who think a good overview is all they need may be undercut by lacking the details to defend their position. Highly successful litigators must master the details without getting lost in them. Only with this balance will the attorney be able to simplify the case into an argument that can be readily understood by the jury. 

7. UNDERSTAND YOUR ROLES. Attorneys often forget the different roles they play in litigation. An attorney is neither the star of the show nor a mere "potted plant" decoration. Instead, highly successful litigators understand that they are the conductor, coordinating many working parts to create an efficient machine. At first the attorney is a coordinator, helping the client enter a litigation posture. Later, the role is analyst, analyzing the situation and providing the client with options and an honest evaluation of the merits. At trial, when the focus must be on preparing both witnesses and experts, the attorney becomes a director.

Attorneys