Feature Article
Are You Ready to Rumble? The “Sweet Science” of Litigation for New Practitioners
Leanne Gould, HDH Advisors LLC
The phrase “sweet science” was coined in the early 1800’s to describe the sport of boxing; a sport requiring a both mental and physical strength and stamina. As I watched Muhammad Ali and Sugar Ray Leonard as a child, I admired the quickness of their feet and the quickness and power of their hands. Later, after I began to take boxing lessons myself, I began to admire the quickness of their minds; their ability to assess their opponent’s range, style and weaknesses. One evening it occurred to me, in the middle of a session with my boxing coach and a couple days before I was to be deposed as an expert witness, how similar the sport of boxing and litigation are. The analogy between boxing and litigation became even clearer as my coach began teaching me defensive moves and strategy.
Inspired by the 2016 Olympics and the Pacquiao-Vargas bout, I thought I would take a few moments to share my thoughts on the topic and maybe inspire you to think about your work a little differently and even take up the sport!
Preparation
The fight is won or lost far away from witnesses—behind the lines, in the gym and out there on the road, long before I dance under those lights. – Muhammad Ali
As a lawyer or expert witness, it is important to understand the background of the case, foundational issues, questions that need to be answered, and to do the research and analysis to answer those questions. Your analysis, whether of case law, documentation or financial information should be thorough and thoughtful. Like a boxer who studies tapes of his or her opponent and trains to be in the best condition possible before entering the ring, you need to be prepared to withstand questions from your clients, opposing counsel and the judge and/or jury. You also need to be able to clearly and confidently present your case or opinions. Preparation is the key to success – or at the very least escape from a knockout blow.
Self-Discipline & Patience
Boxing is … perhaps the most challenging of all sports. [It] requires speed, agility, finesse, power, endurance, and ultimate mental toughness. Boxing pushes you like no other, pitting the finest and highest level athletes against each other. It’s a sweet science but at the same time also a raw and brutal sport. – ExpertBoxing.com
Hopefully, the situations we find ourselves in as litigators and expert witnesses do not degenerate into the category of “raw and brutal sport,” but the rest of the quote describes the challenges we find ourselves in on a regular basis. It’s the ability to think on our feet, flexibility in how to ask questions and how to respond to those questions in the moment that makes our work similar to the boxer.
We have all been in depositions and/or trials that have gone on for days. We have e law that wasn’t on point, and at the same time stay focused on our case or opinions.
Leanne Gould