I get pretty pumped up when I attend court. Whether for a simple scheduling hearing, a three-day trial or something in between, there is always an adrenaline rush that begins from the moment I identify myself for the record.

At that moment, I become hyper-alert. Whether it is making representations to the court or intently listening to the questions of opposing counsel or the testimony of the witness, there is undivided attention on my part. I enjoy it and it is one of the reasons why I enjoy being a litigator, but it is also draining emotionally and physically.

Recently, I was scheduled to try a case in Montgomery County District Court. Between opposing counsel and myself, we represented in good faith to the court that our trial would last approximately 1 hour and 40 minutes. I had one witness, opposing counsel had two. We started our case at 9:40 a.m. and the court, after several hours of testimony, a lunch break and unsurpassed judicial patience, ruled (in my favor!) at 4:00pm. Obviously, our initial projection of the length of the case was somewhat off (by about 5 hours, give or take).

Fortunately, I have gotten into a pretty good pre-court routine, which helps me to be prepared in the event that a simple day in court ends up being an entire day at court. Much like some professional athletes have pregame rituals (i.e. Hall of Famer Wade Boggs ate chicken before every single game and always took exactly 150 ground balls during infield practice; Paul Pierce of the Boston Celtics eats a peanut butter and jelly sandwich exactly 55 minutes before he jumps on the court), I have a pregame ritual before I go to court. (Though I am maybe not as obsessive as Boggs or Pierce.)

Here it is:

The Litigation Bag – The day before the court appearance, I always pack my litigation bag to include any documents that I need, my Maryland Rules Volume 1, at least two notepads and several pens. Essentially, everything is in order and in my bag before I go to bed. I always have the Maryland Rules when I am in state court, even when I do not expect to use them. I would rather not need them and have a copy on hand then vice versa. It is also a lifesaver when you do need it.

Reviewing the Court Notice – I also confirm the actual summons or court document directing my appearance on the hearing the day before, not the day of. Calendars sometimes lie. Nothing is worse than being late for a hearing because your calendar said it was at a different time.

Sustenance – I always eat something before going to court, especially in the morning. I can only think of one thing worse than having hunger pains (or your stomach growling) distract you from the task at hand. Additionally, a straightforward court appearance may result into an all day marathon and you may need the energy when a cross-examination enters its second hour.

Arrival – Upon arriving at court, I check in with the clerk, review the docket and then go to the bathroom. The only thing worse than hunger pains is a full bladder to distract you from the task at hand.

Phone – After the restroom break, I turn off my phone. Regardless of whether I am first or last on the docket, the phone is turned off (not vibrate or silent mode). This allows me to focus  and to not be distracted by unrelated emails (and also ensures it does not go off).

Tic Tacs – I have some on hand, which makes a great and inconspicuous way to stave off a dry mouth without having a mint or lozenge. Small enough to work, but not so big that the court can see you sucking on a piece of candy.

My pregame trial ritual helps me to relax and focused. Like any pregame ritual, it gets me ready for my court date, whether it lasts an hour or a full day. Do you have any pretrial ritual that you follow?

Powered by Bookmarkify™