At the heart of my methods is what I call the “Art of Outsmarting”, or as I like to say, “the fun part that sets you apart.”

It is the intense thinking about your case that goes on before the trial starts. It is the time to ask the pivotal “Why” questions: Why is your side right and their side wrong, as to each of the key points of conflict. If it turns out they are right on a particular subpart of the dispute, then ask, why is your side still right overall? If a verdict for your client is not right, then you shouldn’t be there. If it is right, then you need to figure out why, because the jury will want to know the answer to that gut-level question.

By concentrating intensely on the “whys” you will find truths and be ready to start the essential process of creating the language of your case. The “whys” act like an encyclopedia from which to pick the right words and phrases; and come up with the right framing question for the jury. They guide you in ways to communicate which provide the foundation and framework for telling your client’s story in the most bruise-proof and compelling way. Going through this process isn’t painful; it’s fun, like working a Sudoku puzzle or gaming. It also is the thing that will separate you from the pack – “the fun part that sets you apart.”

Every month I will share examples of the fruits of that process; what I call Brushstrokes that make up the “Art of Outsmarting”. Hopefully, each one will prove to be useful, but the ultimate aim of all this is more than to share a private collection. The goal is, by seeing these systems in action, they get adapted to fit your own style and your own strategies, as opposed to just providing a list of by-products to be adopted word for word, so that the end result is all you and this starting point fades into a positive influence.

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