Have Our Battle In The Shade
May 30, 2024
Back to all insights One of my favorite books, Gates of Fire, by Steven Pressfield begins with the following quote: Although extraordinary valor was displayed
Art of Manliness is one of my favorite blogs. The author, Scott McKay, recently posted an article about “Exercise v. Training: The difference, and Why It Matters”. Mr. McKay explains that exercising is “any physical activity that enhances or maintains physical fitness and overall health in a general way”. (Emphasis in original). While “training” he describes as “actively working towards a specific aspect of their physical performance”. (Emphasis in original). He concludes with stating that if you are happy with your “exercising”, then keep at it. But, you should switch to “training” if you want to see substantial improvement. This idea of “training” can apply to other aspects of your life and career.
“Training” is synonymous with “intentionality”. Sticking to Mr. McKay’s workout example: (1) set a definitive goal (i.e. complete a half-marathon), (2) confirm the date when you will complete the goal (i.e. sign up for a specific half-marathon), (3) plan your workouts (i.e. print out a blank calendar, research various training routines for a half marathon, write in your training sessions for each week), and (4) execute on your plan. This is you being intentional, you know what you want, you make a plan and then you execute.
You should be “training” all the time in life!
“Training” or “intentionality” should be part of our everyday life. Time needs to be set aside time to contemplate where want to be, does your existing plan still make sense and are you executing on our plan on a daily basis.
If you want to find a new career, figuring out the career you want will be the first task. If you haven’t contemplated the job you want, then you will not know what you need to get there. You then need to create a rough-out plan of how you intend to enter that career (i.e. gather background information about the requirements for the career, write down steps you need (or think you do) to reach that career); set deadlines for when you seek to accomplish each requirement (i.e. complete study for broker’s exam). The hardest part then begins. Doing the work to meet your deadlines (i.e. spending 30 minutes a day studying). You have to be accountable. You have to be disciplined.
Practices to “train” more in life
1. Figure out your purpose
If you know what your purpose is for pursing a goal, then you will be able to ever come any challenges that are sure to develop. As Viktor Frankl so masterfully stated, “He knows the ‘why’ for his existence, and will be able to bear almost any ‘how’.” Once you have an understanding of your purpose, then you can set concrete goals.
2. Set your goals
Figuring out your goals can be a difficult step, and one that slowed down my progress for some time. You have doubts about, “Do I want this goal?”, “Is this goal worthwhile?’, “Can I accomplish this goal?”, “Do I have alignment with my spouse and my family to pursue this goal?”
Don’t get hung up on figuring out if you have the perfect goals or perfect plan. As time goes on, you will have time to modify and refine your goals. The author and professor, Cal Newport, argues that if you are doing multi-scale time planning, your goals will be continually reviewed and modified. If you are new to multi-scale time planning, watch Cal’s podcast at https://www.youtube.com/@CalNewportMedia.
3. Make your plan.
A step by step plan that will help you attain your goal because you will know what direction you are headed. Your plan needs to start at the goal and then be broken into manageable tranches of work. Each tranche of work will then be broken into actionable items performed daily. Each of the tasks are assigned a deadline and entered into your calendar.
4. You must execute.
Mike Tyson once said, “Discipline is doing what you hate to do, but nonetheless doing it like you love it.”
This is the hardest part. Doing the daily tasks when you don’t feel like doing it. You have the dream, you’ve prepared the plan, but now you need to put in the hard work. Anytime someone tells me they registered for the race and bought all the gear, I always respond with: “Now the hard work begins”. It may be a jerk thing to say, but the registering and buying the gear is the fun part, and you feel a sense of accomplishment that you are working towards your goal. People give you an “at-a-boy” for taking these initial first steps, but really nothing hard has been accomplished. You can’t rest on these pseudo laurels, you must put in the work and execute. The hard work means getting up in the dark and when it is cold outside, putting on your headlamp and hitting the training session that was pre-planned.
5. Consistency
Executing day after day is where progress is made. It is good to run 10 miles on one Saturday, but you have a better chance of reaching your goal if you run 30 miles per week. Running 30 miles per week means you are running 5-6 miles a day, and sometimes when your body doesn’t want to move. Consistency is all about the mental will of knowing why you are executing on your plan to reach your goal.
“Training” Applied To Your Cases And Trial
You should be thinking intentionally about your cases. Contemplating the parties, the resources of parties and counsel, the end goal, how much time do we have, what are the good facts v. bad facts, what are the next steps I need to take to get this case prepared for trial.
An example of not thinking intentionally about your case is asking for draft jury instructions just a few weeks before the beginning of the trial. It has happened, but it shouldn’t. Think about that, the attorney is figuring out the elements they must prove (or goal) three weeks before the trial. It is too late at this time to get more written discovery, to take additional depositions or to hire a new expert. The attorney in this example failed to figure out their goal (i.e. jury instructions), failed to make a plan (i.e. figuring our and gathering necessary information and evidence) and failed to execute (i.e. locate the right evidence, ask the right deposition questions, file the right motion).
Training on your cases allow you to focus on the most important issues, and clarifies the steps you must take to reach your goal.
5 Steps To Train For Your Next Trial
At the outset of the case and if you are the plaintiff, review your complaint and list out each of your causes of action. Once you have listed out the causes of action, review your jury instructions to find the elements that you have to prove.
The same goes for if you are the defendant, review the complaint and determine what are (1) your affirmative defenses and/or (2) what are the elements of the causes of action that you plan on attacking.
Once you have jury instructions and elements in hand, it is time to contemplate how you intend to gather the necessary evidence. Remember, that your evidence can be both oral testimony and documents. Contemplate who you need to talk, what third parties do you need testimony from or documents from
Time. This should be the first idea you think about when you are making your plan. How much time do I have? Is trial a year from now or four months? How long will it take to gather the evidence? Depositions can be taken in about 10 days, while written discovery can take over 30 days and it may take many months to get documents from opposing counsel.
Make a plan by working backwards from when trial starts. Set forth the discovery you want to complete and then apply a deadline for when you will complete the discovery. Give yourself extra time assuming that opposing counsel will ask for extensions, there will be issues with producing documents and deponents will not be available on the day you want.
This is where most attorneys make the mistake. Rather than prioritizing their plan, rather than getting up early or staying up late to execute on their plan, they procrastinate and tell themselves that it is “not a real deadline”. The satisfaction and the accomplishment and the moving your case forward will only come with the execution of your plan.
Your opposing counsel has a say in how the case develops too. There will be problems and issues as you prepare for, and while in trial. When they arrive, you will have to detach from the problem to make a new plan that you will then execute on. Don’t get stuck on one idea (or plan) if with the data you are receiving back does not match your plan.
Always be Training!
Back to all insights One of my favorite books, Gates of Fire, by Steven Pressfield begins with the following quote: Although extraordinary valor was displayed