Shoulda Been A Cowboy,, Not

I often listen to music that I like and just for now,, it’s country. I wonder if I’m reincarnated from some old outlaw or Texas Ranger from the early 1800’s, or if my imagination just takes over and I really lose touch with current times.

One of my big things is reading my favorite author,, Elmer Kelton, who passed last year while I was in Wyoming. I especially love the way he captures the scenes,, places you immediately into the action and never lets you forget that you are the most important character in his novels.

He,, in other words,, plays to the audience, even though his actors, (characters) are brought to life,, you as the reader of the novel are in the scene,, feeling a part of the action,, and having act hunger throughout the story.

I try to do this with my clients,, set the scene,, let the action show the jury the story and then get the act hunger into the story. This formula seems to work best and with it,, I’ve had great success.

I’m here to say that action is better than words and emotion rules stronger than logic.

Here’s something else,, why do clients think they know everything about their lawsuit and how to run it? I mean this,, clients have lived in their microcosm for the time they are experiencing the drama unfolding and their telling of the events is in their mind, I feel,, the only release that the client can have.

The client must reaffirm what they feel,, or they invalidate themselves. Their world is black and white,, it is impossible for them to see any other point of view most of the time except their own.

When I play “devil’s advocate” with them,, they immediately get extremely upset and accuse me of “working for the other side” or some such nonsense. I run into this problem over and over again,, so I learn that the listening exercise is usually the best method to begin understanding their story.

Here’s what I really mean,, when I go to the doctor,, I tell him or her my hurts,, and then get the hell out-of-the-way and let them do their job, I let them diagnosis my ailments,, treat them and generally follow their advice. I find this works best for me and I get well.

It is my experience that clients generally want to tell me the lawyer every cause of action and every detail about something that matters to them,, but may not matter to the their story,, so I spend a tremendous amount of time trying to translate their story into emotions that connect with the audience.

All I can say is this,, I don’t like not to be heard and I’m pretty certain when I try to rephrase the client’s words to translate them into emotions,, they might feel as though they are not being heard.

I guess this year is a year to work on trust,, one of my big issues. Anyway,, I shoulda been a cowboy.




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