Reflecting on last week’s litigation while on the treadmill I came to some conclusions.
The ‘technical’ aspect of litigation is important, but is not actually that hard if you set about it the right way. Essentially you need to know what you need to win and then set about cross-examining the witnesses to get it. Pretty easy once you have done it once or twice. The most important thing is not to appear aggressive or nasty while you are attempting to get what you need. The second thing is to know when you have ‘got enough’ or what you need for your case.
The second aspect is simply one of form, which is easy enough to learn, when to stand sit etc.
The most important and the one that will be hard to ‘learn’ is having the balls to actually litigate in the first place. This one you can learn, but if you don’t have it naturally, then I don’t think you will ever enjoy litigation, although you may become technically competent.