Though it should go without saying, judges are busy. They can spend only a fraction of the time attorneys do preparing for each hearing. To zero in on what the judge wants to know to resolve the dispute in a client’s favor, counsel should be prepared to answer four questions, regardless of the type of motion or plea he is presenting: What do you want? How badly do you want it? Why should you win? What will you do if you win — or lose?
To be fully prepared, diligent attorneys should put themselves in opposing counsel’s shoes and answer these questions from their adversary’s perspective. An attorney who is fully prepared to answer these questions before filing a motion and before going to court also will be prepared to win that next important hearing.
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