In every field of law, any lawyer who wishes to be successful must possess certain skills and character traits that allow him to distinguish himself from the rest of the group of lawyers. These skills vary according to the fields of law. Organizational and transaction skills are the most advantageous for the business planning attorney, while technical and scientific knowledge will allow you to be successful. Civil litigation attorneys must also aspire to achieve or possess certain skills that will help them attract and retain clients, win cases, and potentially make new laws. Below is a list of the top 10 qualities a civil litigation attorney should possess in descending order.

10. Knowledge of the test rules:

Many civil cases are often based on the admissibility or inadmissibility of a certain piece of evidence. Many practicing attorneys do not adequately understand the rules of evidence and lack the knowledge of how and when to object and how to respond to an objection. Many times, not contesting or preserving a matter for appeal can cost the client significantly more in legal fees, or worse, cause the client to lose the case. In addition, an attorney with mastery of the rules of evidence can use them as a shield or sword to admit or exclude important evidence.

9. Trust

An essential element in attracting business is the way a lawyer projects himself. Confidence is more than mere bravado or misplaced self-assurance. Confidence conveys to the client, judge, and opposing attorney that you have complete handling of the case and can control how and where it flows. As part of projecting an air of confidence, you first need to read your audience and adjust your behavior accordingly. A client does not want an attorney who simply offers them options to choose from. A client wants an attorney as a true advocate, one who can give them a firm and confident answer and recommendation. Without trust in their attorney, a client’s trust in that attorney will diminish and the potential for repeat business is small.

8. Organizational skills

While not the most important skill, especially for the seasoned litigator, organizational skills are important, both for efficiency and for the image one leaves on clients. No client is looking for a scruffy-looking attorney without an idea of ​​where certain documents can be located within the pile of papers on their desk. Litigants are not generally the most organized attorneys, but it is important to take the extra time to organize files and work areas. The organization will project to the client that you are in control and will also allow you to use your time efficiently.

7. Honesty

Too often, attorneys are inclined to tell a client what they want to hear, rather than what they should hear. Appeasing a customer with an incorrect or misleading answer may make that customer happier at the time, but it will cost you in the end. Honesty includes telling a client when it is the type of case they do not normally handle, while referring them to another qualified attorney. Losing this business may hurt in the short term, but that customer will remember it when faced with a problem in which you have firm knowledge or expertise. Honesty, as a matter of policy and customer relations, must be of the utmost importance.

6. Ability to learn

In addition to being honest, an attorney should strive to never lose the ability to learn about a new area of ​​the law. Most clients have come to you to address their specific and particular issue, and see it as a hassle and a waste of time if you have to refer them to another attorney. When evaluating the client, you must first decide if your problem is in an area of ​​the law that you can educate yourself on in a relatively short period of time. Only when the new area is so specialized that you would be doing them a disservice should you refer the client to another attorney. As law students, we must never forget how to learn new areas of law. The law will always change, but it is the attorney who can always analyze and interpret the law who will continue to succeed.

5. Clearly explained rate system

Some of the most common complaints related to one’s attorney stem from compensation disputes. To avoid this, it is always necessary to put in writing and clearly explain to the client the billing method, either by the hour or by contingency. Additionally, many billing disputes arise when there is a discrepancy in the customer’s understanding as to whether the rate is taken before or after tax. A clearly explained and detailed fee agreement reached at the first intake meeting can avoid many of the post-case disputes and can also help prevent potential complaints from being filed with the state disciplinary committee.

4. Negotiation skills

The vast majority of cases are never before a jury, but the willingness to take a case to trial is often a factor that can stimulate negotiations to reach a settlement. If you are able and willing to take any case to trial, the defendants, and most notably, the defendant insurance companies, will initiate the negotiation process. When negotiating, it is necessary to do so in good faith, but one must ensure that the goal of obtaining the best possible deal for a client is kept in mind. Studies have shown that the cooperative, compared to the aggressive combative negotiator, can achieve a more desirable settlement offer. Whatever your particular style, it is important to note that you will most likely come back to deal with that person in your work area in the future, so good faith dealing is necessary to ensure proper behavior and offers. in the future.

3. Interpersonal skills

The need to hone interpersonal skills is not unique to law, but it is more important for practicing lawyers than for most other professions. The civil litigant spends most days talking and meeting with colleagues, clients, judges, and co-workers. Each relationship requires a different and separate set of interpersonal skills. Some of these relationships require management skills, while others require the ability to listen and respond in meaningful ways. Unlike transactional attorneys, civil litigants must be comfortable talking to people and must be able to get along with many different types of people. If a client does not personally like their attorney, they are less likely to return to that attorney in the future, sometimes regardless of past outcome.

2. Persuasion

Any litigant must possess the skills to persuade an opposing judge, jury, client, or attorney regarding any particular issue. In any context, the power of persuasion is crucial. Whether it’s trying to persuade the opposing attorney that your case is stronger than it is, or persuading a client that a settlement offer is the best they can get, quality is of the utmost importance. If a case goes to trial, the winning side is generally the most persuasive, without a clear ruling from the law. Behind the idea of ​​persuasion is the ability to understand and relate to people. If you can identify and engage with your audience, persuading them is simply addressing their concerns and highlighting the benefits from your point of view. Mastering the power of persuasion will result in success in the field of civil litigation.

1. Ability to communicate clearly

So you have a great case, or a winnable case as long as people can understand your theory of law. What distinguishes successful attorneys and cases from unsuccessful ones is the attorney’s ability to communicate to the decision maker, be it the judge or jury, the premise of the theory and the reason for selecting the proposed outcome. Communication is more important than persuasion or interpersonal skills or any other factor combined. The reason is that communication is the foundation of all the important attributes that a successful civil litigation attorney must obtain. Understand who you are communicating with and what the purpose of your communication is and you will be on your way to becoming a much better and successful civil litigator.