The new me chooses not to react. Now I ignore an inconsiderate stranger and don’t give him another thought. The loudmouth opinion stater that I disagree with does not phase me.

From a self defense standpoint this results in less chance of interacting with a violent person. From a psychological standpoint  being the new me has a calming effect. Now that I ignore inconsiderate people and loud mouths I have less stress in my life. I think this is one reason people say “don’t sweat the small stuff.” It makes life safer and less stressful.

Soul and Feeling. We must never overlook the all important aspect of spirit. “To release the spirit one must accentuate the work with mediations of the heart and the soul. Not doing so is the same as performing music note for note, with no emphasis on the ‘feeling’ of the particular piece… . The Way of the warrior is filled with soul and feeling. Without it the warrior is essentially ‘dead’ even though he may appear to be very strong.” Musashi’s, Book of five Rings, Stephen Kaufman, Hanshi 10th Dan (1994) at 55.

How to Practice. Musashi stresses the need for a warrior to properly practice. Proper practice requires visualization in training. When you practice technique and apply your “soul” to it “you will find that the technique will reveal to you the manner in which it must be used to your personal advantage.” Id. at 57.

Pressure the Opposition. “By keeping pressure on the enemy, you will keep him constantly in a defensive posture. … Your basic attitude should be of wanting to overwhelm him and unsettle his spirit. This will permit you to control the situation and make good your attack… .” Id. at 59. Remember changing rhythm and timing throws off the opposition. “There are times when, although you are prepared to go right through the enemy, you lay back momentarily and then, without waring, leap in and through.” Id.

Opposition Attacks. Never be overwhelmed by the opposition. “You can ensure this by keeping your spirit tall and your resolve strong. … Should the enemy attack, strongly and calmly, you must become one with the attack, and through superior resolve cut him down swiftly.” Id. at 60. Never permit the opposition to gain an advantage. “[E]ither you lead the enemy or he will lead you.” Id. at 61. ‘You must come to understand the importance of attacking while the enemy is attacking and, in doing so, step on his sword, making him lose balance and advantage.” Id. at 63.

The Snake. “Think of strategy as being both a snake’s head and a snake’s tail. Never permit yourself to become entangled in the small points of combat. Do not become stricken with a single minded attitude.” Id. at 76. Be flexible with the understanding “there is more than one path to the top of the mountain.” Id. See both the large and the small. Focus on the large and refrain from needless diversion into the small.

Control the Battle. Either you or the opposition will control the battle. To control you must understand the opposition. Knowing the spirit of the opposition is the first step of control. Then maintain control over the opposition’s actions. “Embody the spirit by having the spirit to win.” Id. at 77. “You must control… by possessing a greater spirit than that of the [opposition.]” Id. at 79. “The only thing of importance in the Way of strategy is the willingness and ability to truly defeat the enemy in actual combat with a long sword.” Id. at 78.

Last week I read  late January and early February is the most depressing time of the year. This is because for most of us in the Northern Hemisphere the days are short and the weather is dreary. The holiday season is over and we have weeks of winter ahead.

While this may be true as far as short days of winter, there is no reason to despair. Challenge yourself to get better at something. Grow your knowledge by reading something worthwhile. Better foster a relationship.

You have control over how you grow your life. Use the days of winter for positive change. Remember life is what you make it.

Appearance. “The manner in which a warrior carries himself is of utmost importance both physically and mentally.” Musashi’s, Book of five Rings (Translated by Stephen Kaufman, Hanshi 10th Dan 1994) at 26. The appearance of a warrior / trial lawyer should be “quiet and strong and seem to be doing nothing.” Id. The lawyer neither appears to be tense nor in disarray. The lawyer simply appears. When it is necessary to present the lawyer does so with complete resolve, confident, “neither overbearing in attitude nor with false humility.” Id.

The Opposition. “A small man can beat a much larger man and one man can beat many men.” Id. at 27.  Never allow yourself to be intimidated by the size of the opposition. Never show the enemy “false bravado.” Id. at 30. Never “prejudge a view according to what you think things should be, but instead look at all things equally and in this way you will be able to discern what can hurt you and what cannot.” Id. at 29. Steadfastness of purpose is a key requirement because if you lack this you will easily be led into false security and be easily defeated. Id.

Purpose. “The martial arts [and trials] are not a game… . You must mean it when you strike… . If you do not, you will certainly get hurt. The only reason to draw your sword is to cut down the enemy.” Id. ad 31. The warrior/trial lawyer must “go straight to the heart of the matter… .” Id. at 33. Musashi teaches the main purpose of the warrior is to defeat the enemy. “Do not be side-tracked by the appearance of the enemy or yourself. Do not be conscious of the particular technique you will use. This causes hesitation. …” Id. “Your attack must be filled with conviction and purpose. In this way you defeat the enemy regardless of his abilities.” Id. Your attitude will be recognized by your opponent and he will prefer to fight someone else. Id.

Demeanor and Attitude. “Regardless of … experience, you must always remain calm. Calmness is attained through meditation and belief in your own skills. It is not to be confused with egotistical technique, which generally fails… .” Id. at 34-35. “Always be aware of the possibility of changing timing and rhythm.”  ”Your attitude must be such that you can shift into any other mode… without having to make a conscious decision.”Id. at 39. Never have a preconceived ideal about how a situation should come out. Be flexible with the intent to defeat the opposition. “The main idea is to move on the enemy instantly upon perceiving his own approaching attack.” Id. at 37. Go into the attack without hesitation and with the attitude of destroying the opposition.

Make Yourself Bigger. Musashi teaches: “Extend your spirit above and beyond the enemy’s body and spirit. Never cringe in fear. …[keep] your spine straight. … You first beat the enemy with your spirit and then you beat the enemy with…[your argument]. Go for the…[win] with utter resolve and commitment.” Id. at 46.

Brihad-aranyaka Upanishad

Develop Technique. The warrior first learns proper battle tactics so he can survive in a battle. The first step in becoming a quality trial lawyer is to develop proper technique. Develop technique by reading from trial masters, observing quality lawyers, and trying cases. A martialist knows technique must be instilled into the subconsciousness so it becomes instinctive. The ability “reveals its true identity to a warrior only when the ’spirit of the thing itself ‘ feels comfortable as a vehicle for its own expression.” Musashi’s, Book of Five Rings, Stephen Kaufman. Hanshi 10th Dan (1994) at 11.

Forget Technique. It may sound contradictory, but in battle the warrior forgets about technique. “Development of technique is essential to understanding of purpose. Once a specific technique has been understood, the warrior stops using it on a conscious level because in combat having a conscious identity imposes limitations.”  Id. at xi. The same is true in trial- believe, prepare, then try the case naturally as it develops.

Warrior Consciousness. The development of “warrior consciousness” is ongoing. “Only from a constant search from within, based on one’s own lifestyle, can the truth be known.” Id. at 5.  A trial lawyer must first know himself. Then, according to Musashi, to understand the qualities of successful trial lawyer, look for successful qualities in other professions. “To learn the sword study the guitar.” Id. at 6.

Rhythm and Timing. “There are good times and there are bad times for for everything.” Id. at 19. Musashi teaches when we understand time we also understand rhythm. To Musashi “[i]t is absolutely essential to understand the timing of Universal harmony.” Id. To restructure time we need an understanding and realization of the universe or else our substance will be infected with error and we will not be able to properly perform in battle. Id. This comes with constant practice with putting attention on intention. Always prepare “with timing and rhythm uppermost in your mind.” Id.

No Shame in Losing. Musashi teaches that death to a warrior is not necessarily shameful. The same is true for the lawyer who losses. Applied to a trial Musashi says many types of lawyers have lost-some for the right reason and some for the wrong. The only shame in losing is to lose for the wrong reason. According to Musashi there is no shame to a lawyer who loses after thorough preparation and giving his best effort without consideration for winning or losing.

Never Stop Learning. Musashi teaches a warrior who is an expert in his particular form is still subject to defeat. “It is doubtful that anyone truly understands the ‘real’ way of strategy, much less lives it.” Id. at 3.  Mastery is something we never stop seeking to obtain. Musashi believes when we think we know it all we should retire. The same holds true for a trial lawyer.

The United States government considers wealthy as having a household income that exceeds $250,000. Although this is a significant income, wealthy is a relative concept. The breadwinners of a family making $250,500 in an expensive area of a major city with typical family overhead most likely do not consider themselves wealthy.  But this family is wealthy compared to a family living on under $30,000 a year which is close to the official poverty level.

One should not feel guilty about making a good income;  one should not feel guilty about being fortunate; but one should remember how tough it is for those who must live on a minimum income:

-Give dignity by showing respect for others regardless of their income level.

-Give to charitable causes that help those less fortunate.

-Refrain from flaunting wealth.

-Remember it is not what is outside the person that counts it is what is inside.

-Remember we are all in this together.

Opening Statement Must Tell a Story. In a personal injury case the story involves an injury to plaintiff. Mr. Strauss says the first lesson in story telling is to remember “A story equals trouble.” The personal injury story must discuss how the trouble has caused injury to plaintiff.

Beginning the Story. Mr. Strauss  believes the sooner we introduce the trouble into the story the more likely our listeners (the jury) will pay close attention. To Strauss this means beginning the story with the critical action of the trouble.

Jacob Appel in Writer’s Digest reasons:

I started devoting an entire session of my writing class to opening lines when I realized that the last formal instruction I’d had on the subject was the grade school admonition that stories should begin with “a hook.” In the years since, I’ve come to believe that the fate of most …[stories] is sealed within the initial …[phrases]—and that the seeds of that triumph or defeat are usually sown by the end of the very first sentence.

The Current Model. Quality lawyers and jury consultants teach to begin opening statement by telling the jury the story.  When telling the story David Ball advocates beginning with the rule then going to the story focusing on defendant rather then plaintiff. Mr. Ball usually begins the story before the trouble. In a factual narrative he teaches let the story unfold as it happened  with plaintiff being introduced after defendant causes the trouble.

Current Model Revised. We plan on tweaking the Ball model by beginning with the impact caused by the trouble. We will state this in a thematic way thereby introducing our theme with the impact caused by the trouble. This is similar to Ball’s model of beginning with the rule. After this beginning we will go to the narrative story as does Ball focusing on defendant. After the narrative gets to defendant causing the trouble we will introduce plaintiff as the victim of the trouble. We believe this will lead to a favorable jury reaction as taught by Mr. Strauss.

Baltasar Gracian, The Art Of Worldly Wisdom (Seventeenth Century).

James A. von der Heydt. Patience and a calm demeanor. A recognition the answer is found with an understanding of the facts and meticulous research.

Lewis Gordon. Keep a sense of humor. Law is hard enough so learn to laugh. Remember the environment and advocate for it whenever possible.

Simon Rifkind. All trials are plays. Cast your client as the hero. If client must be the villain cast as a lovable villain. Judge trials are the same as jury trials except judge is a sophisticated theatre goer. Never waive opening statement.

Phil Carter. Professionalism. Look like a lawyer and act like a lawyer. Never underestimate your opponent.

Robert Tjossem. The best defense is a strong offense. Analogy is that of a bullet train. With your argument stay on your track, go at full speed to the station. Watch as the other side moves to your track and gets run over.

Charlie Burdell. Graciousness with confidence. A non ending sense of fairness. The quality of being a friend to many.

Rod Pierce. Fearless and unflappable advocacy. Unfazed in defeat; one battle does not make the war. Prepare for the next battle.

John Strauss. A fierce belief in the case. Strike first. Unwavering confidence in winning the case.

Rob Kornfeld. Accept the winners turn down the losers. Never rest on success. Stay on the horse and ride into the next one.

Scott Bowen. Reasonableness in attorney’s fees. Help those that need help. Firmness with compassion.

Steve Lingenbrink. Community involvement. Involvement by helping others with collateral benefit of attracting clients.

Bob Dawson. Think outside the box. Big defendants only respect the power of a quality well prepared case. Try the case and tell the story.

My Wife. Kindness to others, especially clients and staff.  A confident and happy legal assistant is a quality legal assistant. Nice to all without pretense.

Still Learning. I continue to learn from others. The day I stop learning and growing as a lawyer is the day I retire. At my rate this will be a long time.