Seven Mistakes Lawyers Make

AuthorDaniel Small
ProfessionIs a partner in the Boston and Miami of ces of Holland & Knight LLP
Pages41-47
Before a lawyer can convince a client to take on the burden of prepara-
tion, the lawyer has to be convinced it is necessary. Unfortunately, while
law schools and continuing legal education programs may do a good job
of teaching legal principles and theory, they often ignore the true focus of
real-world legal practice: the client. Just like the political campaign whose
mantra “It’s the Economy, Stupid!” served as a reminder of what was most
important, law schools should perhaps add “It’s the Client, Stupid!” to the
inspirational Latin phrases that adorn their ivy halls.
For now, the reality is that too few places really teach lawyers how to
deal with clients, and they certainly do not teach lawyers how to help cli-
ents navigate something as difcult and foreign as the process of being a
witness. The commonly accepted notion that lawyers will somehow pick
up these types of skills as they go along is dangerous nonsense. At best, it
is a recipe for a long trial-and-error learning process, and real clients with
serious problems are the guinea pigs. As a profession, we can do better in
this important area.
Meanwhile, even experienced lawyers may share some common misper-
ceptions that can account for their failure to prepare a client or witness
adequately. A failure in preparation is a failure in representation. Don’t
make these same mistakes.
41
Chapter 11
Seven Mistakes Lawyers Make
Small_PrepWitness_20140403_13-27 Second Pass.indd 41 8/12/14 10:20 AM

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