In legal practice and litigation, luck can play an important role. Sometimes a request for documents yields valuable results, and other times it leads nowhere. Your witness may be nervous in court, or they may shine like a star. Every good outcome involves some element of luck, but there’s more to it than that.
Good Lawyers and Luck
Good lawyers, like professional poker players, do not rely on luck. They are always prepared to take advantage of opportunities and make decisions based on precise calculations. Similarly, when a witness unexpectedly cooperates, a good lawyer reaps the benefits of preparation and opportunity.
Poor Lawyers and Bad Luck
Poor lawyers rarely suffer from bad luck. Their problems are usually the result of poor planning and unrealistic expectations. Even good luck can have negative outcomes for an ineffective lawyer, as it encourages them to make worse decisions. In poker, good luck keeps weak players in the game. They wouldn’t continue unless they occasionally won.
A Lesson from a Historical Trial
The trial of Alger Hiss in 1949 is a prime example of the importance of both luck and planning in court. Alger Hiss, a high-ranking official in the U.S. State Department, was accused of treason. Hiss had played a significant role in the Dumbarton Oaks and Yalta Conferences and was a prominent political figure in the U.S. However, in 1948, Whittaker Chambers, a former member of the Communist Party, accused him of being part of a secret Communist cell. Hiss denied the allegations and sued Chambers for defamation, but Chambers produced documents known as the “Pumpkin Papers,” which were allegedly written by Hiss and supported the accusations. Hiss’s defense team was unable to effectively challenge the documents and Chambers’ testimony, leading to his conviction for perjury. This trial demonstrated that luck cannot replace careful planning and proper strategy.
Conclusion
Professional lawyers, like professional poker players, must base their decisions on precise calculations rather than luck. While luck can play a role, it is preparation and proper planning that ultimately ensure success.
Source: Lawyers’ Poker: 52 Lessons that Lawyers Can Learn from Card Players: Lubet, Steven: 9780195369014: Amazon.com: Books. (n.d.). Retrieved June 15, 2024, from.
