While managing the New York Yankees in the spring of 1959, Casey Stengel sat behind the batting cage during practice and watched the promising Jerry Lumpe spray screaming line drives all over the outfield. Casey turned to his ever present gaggle of reporters and famously declared: “He looks like the greatest hitter in the world, until you put him in the lineup.”
The same can be said of many cases that arrive in a lawyer’s office. The causes of action appear promising on their merits, with substantial rewards awaiting both the client and attorney. Similarly, defenses may seem bulletproof in certain instances and appear to support an almost certain dismissal of the action against the defendant. These substantive issues then enter the world of litigation, where they confront the jaws of procedure. What was once a highly valued claim or defense can now be forfeited by the lawyer who fails to skillfully prosecute it.
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