How to perform at a higher level as litigation attorney

Why some are the best at what they do with less than a decade of experience

We call it the practice of law but very few people actually take the kind of deliberate practice required to become the best. If you’re just starting out, you should take comfort that of those who project confidence based on having years of experience really live in fear, because all those years of work hide mediocre performance.

Most lawyers don’t get to practice

One reason most lawyers are average is because they require practice but don’t get a chance to practice in a deliberate manner. Doctors do residencies and fellowships, and work ungodly hours in the course of this work, to gain exposure and case experience with real feedback — often in life and death situations. Lawyers don’t get that kind of training unless they deliberately seek a job that offers it or luck out on it on their own.

When we ask why some people are so good at what they do, we tend to chalk it up to talents and “gifts” without realizing that exposure and training form a big part of the equation. We also sometimes believe that once people learn how to do things a certain way, their brains are hard-wired, when in reality, adult brains can rewire and new neurons can grow. In reality, talent is really just a person who has had opportunities to grow, possessed the motivation to take those opportunities, and was willing to expend the effort to get better.

In short, it was deliberate practice that lead to improved performance.

So how does that apply to lawyers? In the simplest terms, lawyers that deliberately focus on an area of practice tend to have better performance in that area. That’s why prosecutors who are in court all the time tend to make better than average litigators by the simple fact that they have exposure to more trials and hearings. But exposure isn’t enough to be great.

Basic practice doesn’t cut it

Just working off exposure and short-term memory doesn’t help lawyers in the long run. Those attorneys that fall into these exposure based routines may be good at the 6 or 7 things they do on a regular basis because that’s what exists in short term memory. For lawyers tied to a desk, they may be great at phone calls and emails, maybe some memos, but the rest of their skills are…