Paul M Lisnek - The Art of Lawyering: Essential Knowledge for Becoming a Great Attorney

Copyright 2010 by Paul M. Lisnek
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For my family, who supports me unconditionally, and for my clients and audiences, who encourage and inspire me.

I have always believed that the most fascinating part of the law is to be found in the skills and techniques that constitute the art of lawyering. My work, writing, and teaching emphasize that the practice of law means paying attention to the human component of the case. Our victories come from understanding the power of persuasion, the ability to shape credible realities, and a dedication to the ethical practice of law. By adding a bit of humor and a cast of characters, I hope to highlight that the topics presented are drawn from experiences we have every day in court, in the office, and in life. Each column is drawn from some lawyer somewhere, some colleagues war story, or some strategy that has proven itself to be valid and reliable over time. Some forty columns later, it appeared worthwhile to bring the pieces together and offer them to you in an organized and structural fashion.

From the fictitious law firm of Mertz, Maude, and Matthews to the cast of lawyers who enter its doors, I pay tribute to the lawyers and special people who are part of my lifeand you know who you are.

The many newspapers and journals that publish my column and the wonderful reader responses that come from lawyers, judges, and professors throughout the country would not be a reality without the trust and opportunity for me to test it all out in the cases for which I am retained as a trial consultant. It is with great admiration that I extend my warm appreciation to all my clients. Special mention must be made of those relationships that have transcended the years and many courts of lawyour support has been my motivation to grow. Above all, thanks to Brian Lozell; Mertz and Matthew Lisnek-Lozell for putting up with me in all my craziness; Janet Contursi and our dear children, Alexandra Rose and Zachary Paul; my dear parents, Seymour and Sandy Lisnek, and my brother Rick and his wife; my sister, Judy Kien Lisnek, and the kids, David (Peanut), Michael (Pumpkin), Danielle, and Jackie; Ron and Ruth Lozell and the gang in Florida; Linda Kenney Baden and Dr. Michael Baden for their extraordinary efforts in writing the foreword for this book; Judge Haskell and Kay Pitluck; my team: Anne Brody Elovic, Diana Briggs, Zachary Johnston, Laura Kody, Bob Sandidge, Ronnie Rosenblum, and Richard Anton for immense support for my seminars and programs; my colleagues at Comcast and CN100 Network: Rebecca Cianci, producers Fred Prigge, Fernando Garron, Rich Foresman, Aaron Nowakowski, and Virginia Gordon, Nancy Bayless, and Lisa Aprati and Brenda Arelano; my colleagues at WGN-TV, with special thanks to anchor Larry Potash, News Director Greg Caputo, Associate News Director Jennifer Lyons, as well as Sandy Pudar, Jackie Keenan, Mike Wilder, Frava Burgess, and Maureen Wolf for all their support; my WVON radio team: Melody Spann Cooper, Jim OConnell, Charles Twilley, Rey Diaz, and Mr. Michael Peery; my colleagues at Decision Analysis, the nations leading jury and trial consulting firm, with special note to my partner Richard Gabriel; and for keeping me on the keynote speaking circuit, my speaking agents Brian Palmer, Don Jenkins, and Susan Masters and the support team at National Speakers Bureau, the countrys number-one bureau; friends and colleagues at BarBri Bar Review, the nations leading bar review prep course for whom it is my honor and pleasure to lecture on professional responsibility and constitutional law, among other topics, Richard and Melanie Conviser, Sherry Beattner, Stephanie and Charles Goetz, Mike Zavvy Sims, and Betsy Snyder; the gang at National Student Leadership Conference led by Rick Duffy (and Karen), and to Sandy Maldonado; dear friends Lady Wendy, Lord Michael, Sir Charles, Crosbie Marchant, Dr. and Mrs. Dan Ross, Jackie McCauley and Ray Lyle, Cindy Raymond, David Rittof, Randy and Becky Mathis, Theresa and Parker Ehrhart, Steve and Marla Cowan, Dottie and Jerry Fugiel-Smith, Richard and Eve Primus, Al Menotti (and Donut), Tim A. Jones, Marie Grabavoy, Helen Marcelino, Mommo, and Allen and Leann Almquist; and thanks to the memory of dear Maude, whom I loved so very much.

Thank you, my many clients, with special mention of Nikki Calvano of the United States Department of Justice and the Justice Leadership Institute, Rick Slee of the Ohio State Bar Association, Bill Hunt, Paul Alston, Louise Ing, Cori Lau, and David Nakashima, Dan Scheiss, Howard Zlotnick, Bob Chapman, Benji Haglund, and others who are kind enough to trust in my judgment and work on the cases that we tackle together, with appreciation for everything and for our agreement that the importance of communication is paramount in the practice of law. I thank you for your loyalty and friendship.

Enjoy the journey.
Paul M. Lisnek
March 2010

RUSH to read Paul Lisneks new book, The Art of Lawyering.
If you do, you can become a great, *gr8* attorney!

If you want to be a great lawyer, your future depends on the ability to analyze and predict situations, then formulate strategies and responses through settings and language in order to present the most truthful and persuasive argument. Master this, and you too should experience success around the office, in the public eye, and especially in the courtroom.

Words have meaning. What you say, as well as how you say it, will trigger reactions; and how the person (or jury) listening to you reacts is of vital importance in achieving your goals.

Having worked closely with Dr. Paul Lisnek, his trial consulting partner Richard Gabriel, and their firm Decision Analysis, we have learned that the initial theme you present to your listener, along with their initial view of you, can shape many things. If youre capable, you can control which facts, ideas, ideals, and emotions you impart to your audience, giving yourself a major advantage in any public forum.

In this foreword, we are using the skills we learned from reading Pauls book, along with the knowledge we have obtained through our life experience (which, according to the author, is more important than gender, ethnicity, and other such demographic components in determining receptivity) to convince you that reading this book will make a major impact on your career. For instance, lets parse the twenty-one italicized words in the first line of this foreword. We know from our experience as authors that quotes such as the one contained in this foreword are used to sell a book. The publishers put such quotescalled blurbson the book cover to increase interest and sales. We want to imply an urgency to read the book, so the first word is RUSH in caps. The need to emphasize the name of the writer before the book is so that any previous credibility the writer has engendered will cause people familiar with his work to consider buying and reading the book in expectation of valuable information.