There's a flattering profile of asbestos-lawyer-turned-Vioxx-specialist Mark Lanier at Law.com: "Lanier Tactic Shows There's 'Desperate' -- and There's Successful."
It's entertaining reading, but trial lawyers won't be able to draw too many lessons from it, especially those who follow the common advice to "be yourself" at trial. After all, Mark Lanier has one of those unique, one-of-a-kind personalities that's impossible to imitate. Even if you could, there's more to Lanier's success than just his personality. It's something that's not emphasized very much in the article--all the behind-the-scenes preparation that goes into producing the typical Mark-Lanier-style trial presentation.
Of course, being successful at anything requires hard work. But I get the sense that Lanier works extra hard, that he's the plaintiff-side equivalent of, say, Dan Webb.
Indeed, when asked about the keys to his success, Lanier's first answer was "hard work." His second was "creativity."
Even lawyers trying to be themselves can take those two qualities to heart.
I'm sure others noticed this as well, but I think it's worth giving credit where it's due. In David Ball's book, "Theatre Tips and Strategies for Jury Trials", pages 108-110, he discussed the effect of a culture conditioned by the six minute segment, the thirty second commercial and the 12 second news byte. Ball cites Donna Davis for a suggestion that attorneys demarcate everything presented into six minute chunks. He closes the section by parenthecially stating, "Perhaps we will soon be showing commercials between witnesses). It may be safe to say, like most really successful plaintiff's lawyers, Mark read David's book.
Posted by: Michael D. Carter Jr. | June 28, 2006 at 07:49 PM