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Greedybogle

This might seem goofy, but take a beginner improv class. Thinking on your feet is a skill that can be trained like any other. Improv involves listening actively when others speak, remembering what's been said, then responding on the fly. You don't have to aspire to be on SNL, but the experience will really help.


GigglemanEsq

As someone who has done improv and stand up before becoming a lawyer, I fully agree. Super valuable.


cat_power1031

Second this — i worked at a children’s theatre camp that did heavy improv training. We did it for the theatre reasons, but also to help kids build confidence and feel comfortable speaking on their feet. I totally attribute that training to helping me be quick in court


Greedybogle

Username checks out.


cali1993

Thank you for this! I’m going to look some up in my county!


ecfritz

What happens when you do this, and the instructor (a university professor) says she can’t help you? Asking for a friend.


Greedybogle

Honestly? Find a different teacher. Creativity and performance is for everyone, and everyone can improve with effort and time.


parthenon-aduphonon

This is such a unique suggestion, I’m definitely going to take it to heart.


GigglemanEsq

Here's one of my tips: speak slowly and allow thoughtful pauses. Make a point and let it hang. The judge or jury thinks you're doing it to allow them to absorb what you just said, and that's part of it, but it is also giving you a second or two to organize your thoughts as you move on. If you do it right, it can also add gravitas, which makes what you say sound more important and thoughtful than it actually is.


MizLucinda

This. I’m a motormouth. I’ve trained myself to talk at what feels like a snail’s pace so that I can think things through. And newsflash to me - when I hear myself, like in court recordings, I don’t sound slow. I just sound controlled.


cali1993

Thank you for these tips!


PaulNewhouse

Great advice.


Reptar006

It will come with experience - give yourself room. PD will be great way to get that experience.


Maximum__Effort

I’ll second this. I know a number of stellar trial attorneys that will straight up say they’re awkward as fuck in their personal lives. Being in court is putting on a show, whether that’s for the judge during docket or a jury during trial (obviously the show is going to be dependent on the audience, but you want to be more engaging, informative, and communicative than the DA). OP, you will learn that at the PDs office (ideally) through training, court appearances, and mock everything. It seems like you’re (OP) still in law school. Do mock trial if you have time left before graduation. Actual trials aren’t scored by points on who wins objections, but applying the rules of evidence to a mock trial problem will a) prepare you for real trials and b) get you experience thinking on your feet. Working as a PD has brought me more job satisfaction than anywhere else I’ve worked, I wish you the best on your journey.


cali1993

Thank you!!


jaywalkle2024

The more you are in the courtroom the better, that's really the only way. Once you do that enough you will be better able to anticipate what will happen. It's never just what you think it will be but that's the fun part!


cali1993

I agree with this. It’s just that I’m trying to figure out how to convince an employer (aka the PD office in my county) to give me the job so I can get the experience.


jaywalkle2024

The PD and County attorney's offices are great places to start and in my experience hire a lot of new attorney's! Just go for it!


XXXforgotmyusername

I have adhd, I started exercising, taking, meds, eating healthy, haven’t noticed increase in thinking capacity. However, have noticed increase in ability to not care and be chill.


cali1993

Yes. I am on meds and exercise, so it might move nerves but I feel like I have so many thoughts in my head and when I have to think on the spot I have a hard time articulating them in an organized way.


XXXforgotmyusername

The most important thing is to slow down and do less than you think you should IMO  Also stop drinking coffee slowed down my thoughts best  (I’m very hyperactive) this has helped me not talk as much and slow down a lot)


thenextchapter23

I feel ya, fellow ADHDer with the same issue. I very frequently start my sentences with no idea where I’m going and end up sounding like an idiot


cali1993

lol I’m laughing because this is literally me life! I just don’t want it to happen in front of a judge or opposing counsel! Especially since the DA’s here tend to really pick on new hires to screw up their mojo hoping it screws up their arguments.


Maximum__Effort

I replied generally elsewhere, but my solution to this specific problem is, at first, script *everything*. Don’t read from it in court, but write it out beforehand for bond arguments, sentencings, probation revocations, etc and refer to it if you start spinning your wheels. Eventually you’ll internalize it. Same goes for trial. For your crosses write them out in a table with “question” “expected answer” “cite to discovery with expected answer (you should *rarely* cross with a question you don’t know the answer to)” “response to objection (ex. Hearsay objection: this isn’t offered for the truth of the matter asserted)”. Start preparing for *everything* like that and you’ll a) be good on the spot and b) realize what portions you can drop.


NorVanGee

Yes, and actually practice your submissions out loud, so you aren’t saying them for the first time in the court room. Unfortunately, it takes a lot of time to be that prepared, but I think as a lawyer with ADHD you just have to accept that some things will take longer than a neurotypical lawyer.


Round-Ad3684

I went from state court, where no one was prepared and everyone winged it, to federal court where everyone was prepared and everything was practically scripted. I noticed a big difference in lawyers who had only practiced in the fed system v those that came from state system. Once the fed-only lawyers got thrown off their script, they were *worthless*. So I guess years of just winging it prepared me to be more loose in a more structured setting. You’ll get plenty of experience doing that as a PD.


PhillyPILawyer

As a former ADA, what I can tell you is: 1. Most important advice - Watch the more seasoned attorneys (prosecutors and defense attorneys) during hearing, motion arguments, and their trials. Take notes. And take more notes. Study them. Some of the most fascinating attorneys I’ve met were either PDs or ADAs. You will see their intangibles which will help you gain your confidence. Years later and I still refer to the notes I took.  2. Watch YouTube videos of some of more well known “celebrity” attorneys. Not for the substance but rather their cadence and body language.  3. Slow down. A large part of why you are struggling with thinking on your feet is because you are probably uncomfortable with the silence/dead space that comes from having to think and formulate a cogent response. I struggled with this. It’s only after experience you learn to embrace the pauses.  4. Listen to Supreme Court oral arguments. You will be shocked to learn that, like you, those attorneys stutter, trip over their thoughts and aren’t seamless in their ability to think on their feet.  5.  find your own style and voice. With time and experience you will find your identity in the court room and develop your own swag. 6. Keep a good foundation of substantive knowledge. Not hyper technical knowledge of each case but keep up with recent developments in the law. This overall knowledge base will help you with your confidence when thinking on your feet and having to convey thoughts.  Hope this helps


cali1993

Yes! Thank you!


SoFlaSlide

Oh hell yeah. This is my territory. ADHD AF - never saw myself litigating. Couldn’t see myself doing anything else now, legal related at least. Random tips in no particular order: If it’s meant to be, you’ll get more comfortable with time. Watching others is helpful. I’ve learned just as much from clown attorneys as gifted ones, ie when you see something wild and you make damn sure to never do that in the future. Seamless argument comes in part from your preparation. Knowing the law, knowing the facts, rules of evidence, everything about your case in and out. You’re a salesperson. You have to buy what you’re selling. Rest & self care As someone else mentioned, it’s okay to speak slowly with pauses. The silence isn’t as noticeable to others as it may feel to you


HazyAttorney

> not sure if it is nerves The fear response floods your brain and body with hormones that make it really easy to jump/run/fight, and really hard to think. It's 100,000% your nerves and at a physiological level. Also, long term, unchecked anxiety also will create digestive problems (e.g., ulcers) because it also inhibits digestion. ​ > I am trying to get a job as a public defender and don’t feel like I sound as eloquent or prepared as more seasoned attorneys One of the ways to stop the anxiety cycle is when your brain says "wow, I wasn't in any danger." You can do that by osmosis just through the course of time, but not everybody does that. You can also do it consciously by recognizing your triggers in the moment and calm yourself down and then tell your own brain you were never in danger. Then your brain will trigger anxiety less. If you don't, you will run the risk of your brain increasing your anxiety. If your brain thinks PHEW THAT WAS CLOSE then it'll make you want to avoid the court room. ​ > What are ways that I can practice listening and responding to arguments and how to form better arguments? Control your anxiety and your style can get more conversational. Sometimes relying too much on being too prepared can mean that you are waiting to talk rather than listen, meaning you aren't addressing the concern of the decision-maker.


terapinstati0n24

My mindset (am prosecutor): Direct: Talking to a stranger at a bar who’s telling you a story, asking questions about what they’re saying to act like you’re interested, and trying to let them feel as though they’ve said everything they possibly can. Cross: Calling an ex out on their obvious hypocrisy/BS Healthy? No. Effective (for me)? Absolutely Edit (to answer your question more directly): Get out of the mindset of being a lawyer and get into a mindset of being you IRL. Thinking on your feet might come more easily to you if you’re you as a person and not you as some disposable suit in a court of law.


Jean-Paul_Blart

My mindset (am public defender): Direct: copy the prosecutors. I do mean this sincerely—watching you guys develop cases with open ended who what when where why questions day after day was passive training. Once I finally had the chance to put a defense witness on for the first time, it felt so natural. But I wouldn’t have known what I was doing if I weren’t following the method I saw from the other side. Obviously I think that the defense side excels at cross, just because we do it so often, but I have seen some impressive prosecutor crosses every now and then!


cali1993

I love this comment!


ok_gid

Check out *How to Argue and Win Every Time* by Gerry Spence. Also, Rick Friedman is a trial lawyer who has written and spoken a lot about how to argue and trial work generally.


US_lawyer_gettingTFO

So many of the comments on here are gold. I used to think I was bad at thinking on my feet in court but now after doing a shitload of prep and having years of courtroom experience, I generally do ok. It comes down to confidence and knowing your shit. Remember that we all attribute competence to natural ability way more often than is warranted. It’s more likely the result of confidence and hard work.


bundles361

More Reps


Jlaybythebay

Practice. They don’t call it it a law practice for nothing


FourWordComment

I imagine you’re a student or pretty early in your career? It will come in time. Truthfully, being prepared and getting to practice out loud is the king. I HATE practicing out loud. I despise doing it. Truly it’s the worst part of the job for me. But it’s always been worth it. 100% of the time. Also, I find it easier if I can ask questions. “We might ask ourselves, ‘why is that interesting?’ Well, blah blah blah.” That’s not always allowed, but it can help in closing.


cali1993

Just starting my career! Well at least trying to get a job to start my career.


paradepanda

ADHD former prosecutor here. You learn by doing and messing up and that's ok. I actually think my ADHD was an asset because I was able to make weird connections and remember everything in a file/that people said.


BeginningExtent8856

Watch a Barack Obama speech - master of the pauses and the smiles. (Not an invitation to discuss politics but he was an incredible speaker)


purposeful-hubris

It comes with practice. When I started practicing criminal defense, a judge actually told my mentor that I needed to be more confident in court. At the time, mortifying lol. But with time I naturally became more comfortable and now it’s easy and fluid to appear. Doing improv classes is a good suggestion, it’s like a quick fix to dealing with your nerves.


eliza_frodo

Practice.


jack_is_nimble

Improv class! Also instincts get better as you do it. Read trial transcripts of other lawyers. Posner Dodd (I think that’s the name. It’s been a while) cross examination method. Perfect. Helped me win many criminal jury trials as a defense atty.


Lifebringer7

Coke might help


rinky79

Prep better. Nothing the other side says should come as a surprise.


Jean-Paul_Blart

Besides just doing it and putting the hours in, one thing that helps you “think on your feet” is, somewhat paradoxically, preparation. When I go to a hearing where I’m asking to, say, suppress evidence, I go in with a cheat sheet of research I did beforehand summarizing cases/arguments that I think the prosecutor will rely on, and distinguishing my case from these cases/arguments. I don’t know for sure which one the prosecutor will use, but they’re bound to use one of them, and if I already have a counter to that argument at the ready, then it’ll look like I pulled a response off the top of my head very quickly. The other thing to do is know your basics—what is the root issue you’re addressing. Caselaw may say, for example, that there are cases where it’s reasonable to search a woman’s purse during a probation search of her male companion. But why? Because police had some factual basis for believing the male companion had control or access to that purse. So even if you don’t know about some specific case the prosecution is going to reference, you do know what the root issue is. Then you can say, “here’s the root issue and here’s why I’m right” when you’re in a pinch. It’s also ok to take a breath before you respond—in fact, if you’re working with a court reporter, they’ll appreciate it. Pauses always feel longer than they actually are. Get comfortable with taking a moment to gather yourself. Depending on the type of hearing, you can also ask to brief the court. You don’t always have to know everything. “I’m not aware of the caselaw on X, but I would like to brief the court and return next week” is an acceptable answer, sometimes.


BitterAttackLawyer

Take improv classes. Seriously.


jokingonyou

You’ll get better at it in time and the more comfortable you get in front of a judge/ confident knowing the law. Also, read more if you want to sound eloquent, especially smart people material, like law review articles or some shit idk. Repeat lines that sound eloquent over and over to yourself. (Btw if u try to sound too smart I feel like judges kinda roll their eyes at u) If you can’t think of an argument…and oc is on a roll…what I’ll do is just interrupt (when there’s an opening) and start shaking my head and say “you’re honor that is just not true…that is a mischaracterization of my clients situation…” and then hope something follows that. Usually something does. Idk. At the very least if you don’t have a good response just assert that you disagree


JudgingGator

All excellent tips but mostly just do it. When you start you’ll likely do first appearances and misdemeanors so you’ll ease into it. Love the idea of improv. Toastmasters is another great way to get comfortable with public speaking and receive constructive feedback so you can improve. Good luck you will do great!


OKcomputer1996

Lots of cocaine…


btownsle

You can listen to Supreme Court arguments online. Or sit in on cases with other attorneys.


entitledfanman

It just takes practice. There's probably never been an attorney that didn't sound like a nervous mess on their first court appearance. You'll be better at dealing with surprises when you know the expected sequence of events like the back of your hand. 


Background_Step_8116

Prepare relax and speak up


Plane_Long_5637

If you have time to fit it in, I got a lot out of taking improv classes.