Avoiding Mistakes

Have you ever watched a post-game interview with a coach after a tough loss and heard something like this: “We just made too many mistakes …”  It doesn’t matter the sport. Football, basketball, baseball, whatever.  The turnover. The penalty. The error.  The mental breakdowns. Just one at the wrong time can cost you everything.  Multiple mistakes over the course of a game can add up and be just as costly.  So it is in litigation. It is one thing to get beat because you have bad facts and law, things you can’t change.  But it’s another to beat yourself because of unforced errors and mistakes.  Just as in sports, there are remedies in litigation.  A few tips:

  1. Slow down.  When you’re in a rush you are more mistake prone than if you gave yourself the right amount of time to devote to the task.  Have a schedule and keep to it.  Don’t procrastinate every deadline.  Give yourself enough time to recognize mistakes before they head out the door.  
  2. Be disciplined.  Focus on the task at hand, not all the other distractions around you.  One thing at a time, in order.  Think through it before you do it, file it, serve it, or send it.
  3. Don’t react. Respond.
  4. Finally, don’t get discouraged when things aren’t going your way.  During the life of a case you will likely lose a hearing or motion; your witness will say something stupid during a deposition; and opposing counsel will act like a clown.  If you let it get to you, your work will suffer and you’re more prone to make mistakes.