There was an interesting interview of famed litigator David Boies in today’s Wall Street Journal. Here is the article. Boies is known for being very talented and somewhat eccentric when it comes to his courtroom style.
I thought the most interesting part of the article was Boies’ response to a question about making mistakes:
WSJ: What’s the most recent mistake you made in court?
Mr. Boies: I don’t know. But one of the worst mistakes I made was in Microsoft. We were doing a deposition of Bill Gates for two days. And it was useful. It had been set up so that if I wanted a third day, I could get a third day a week later. I should have said I am through. But instead, I said I want him for a third day, which gave him an opportunity to go back and correct. He didn’t do that— sometimes you get lucky and your mistakes don’t hurt you. But that was a very serious mistake. Sometimes when things are going well, you think they’ll go on forever. Not everything bad you do hurts you and not everything good you do helps you.
A common mistake that young litigators make is asking one too many questions in depositions. They get an answer that helps them, but they can’t leave well enough alone and continue pressing the issue. Often times the witness realizes that an answer was bad for his side and gives another answer that explains the original answer away or muddles up the answer.
Lawyers who consistently do this always say that they want to hear the excuse before trial. I couldn’t disagree more. I think it looks much worse for the witness when the excuse is going on the record at trial for the first time.
Finally, how about these financial numbers for Boies’ law firm and Boies:
Boies, Schiller & Flexner LLP
- Gross Revenue: $305 Million
- Profit Per Partner: $2.56 Million
David Boies, chairman
- Hourly Rate: $1,220
- Estimated Time Devoted to Matters Billed Hourly: 33%
- Estimated Yearly Compensation: $12.5 Million-$15 Million