TAKE THE SHOT
TAKE THE SHOT
ZACK PELHAM ABA State Delegate
I’ ve attended many basketball games to start 2026, from third grade to high school varsity, with middle school games in between. One simple truth exists at all levels, you miss every shot you don’ t take. Now, some shots should not be taken. But which ones? And sometimes the shot taken is invalidated by a whistle – there are, of course, rules. While there is much more to basketball than shooting the ball, the objective is to score more points than the other team. We lawyers can take some lessons from the game of basketball.
Hesitation can result in a missed opportunity. If we hesitate, the reason may be fear of failure – making a mistake. What if I miss? NBA great Kobe Bryant said,“ if you’ re afraid to fail, then you’ re probably going to fail.” If we’ re hesitating as lawyers because we’ re afraid of failure, confidence cannot be achieved. Certainly, there are measures of risk that are appropriate to consider, perhaps taken after consulting with a client. Yet the fear of failure is no reason to not take a shot at succeeding.
An official’ s decision can impact a shot. But that should not cause you to not shoot the next time. Judges make decisions based on many factors. But one thing is certain, an argument that is not made is an argument that does not succeed. And just because a judge says“ no” with one argument, does not mean you should give up on adapting an argument. Good shooters adjust to missed shots. Good lawyers adjust to unsuccessful arguments. And, at least at higher levels of competition, review of questionable calls is available. But be sure to make the argument because arguments cannot be made for the first time on appeal – so take that shot to preserve your argument on appeal.
Everyone loves to practice, right? Michael Jordan said he played hard every day in practice so that playing hard in a game was just habit. If what we put into preparing for an argument is not hard, should we really expect it to be easy when an argument is presented? The manner in which a shot is taken is refined with practice. While Allen Iverson was famously questioned about practice, the mechanics of his shot were no doubt developed through practice. Our delivery, attention to detail, and ability to utilize knowledge of a case at the precise moment may come more naturally to some, but your ability to deliver your best argument at its core requires significant preparation for the eventual performance.
For you coaches( i. e., experienced attorneys), you’ ve watched when shots should have been taken but were not. Helping less experienced attorneys with the technique, form, style, and substance of their argument is something you once received. This guidance helps build confidence and character – allowing for better argument. The temptation is to complete the task for the less experienced attorney – perhaps under the mistaken belief it will save you time. It may save time in the short term, but in the long term, it costs you time and teaches your less-experienced colleague nothing. Allowing an attorney to learn from their failures and mistakes by teaching them builds confidence and character.
Basketball is a game. Lawyering is a profession. Both require skill. And, like it or not, to be successful requires developing experiences to know when to take a shot, when to make an argument. A couple of years ago, I was at an NBA game after a deposition in Los Angeles when legendary NBA coach and player Pat Riley sat down in front of me with several large gold rings consuming his fingers. I did a double take and then took my shot, getting a selfie with my camera before the security guard told me to leave him alone. You know what Pat Riley once said?“ There’ s no such thing as coulda, shoulda, or woulda. If you shoulda and coulda, you woulda done it.”
Prepare to take the shot, then take it.
WINTER 2026 29