Your lawyer: trial lawyer or settlement artist?

One of the little truths that come to light as you go along in this business is that some lawyers never learn how to take a case to trial. I once sat in a meeting in California with a group of lawyers on joint defense case. Several big names; several big egos (the lawyers, not me). As we began, one lawyer, whose website bragged about extensive experience litigating major civil and white collar criminal cases, looked uncomfortable as the discussion proceeded --which witnesses were being contacted, what impeachment material was developing, etc. It became clear that this lawyer had done little pretrial investigation. He rarely did--the concept of a PI systematically interviewing witnesses was new to him. Rather stunning. The guy was all hat, no cattle.

Clients don't just want an attorney with a law degree; they deserve a intelligent street fighter, a trial lawyer who aggressively develops the facts of a case. Ask your lawyer what he does before trial. Those tasks have more to do with winning than his courtroom maneuvering.