On the Stand With Peg Warner

Why did you become a trial lawyer?

I thought that was the “real lawyer” approach. But in general, I became a lawyer because I was a double major in English history and English literature in college. I asked one of my professors, my mentor, if he thought I should pursue a PhD in English history or go to law school. He said, “I think your personality is more suited to be a lawyer.”

And he was right from both an intellectual and personal standpoint. What I enjoy most about trial law is that it fits with the linear perspective I gained from studying history and writing.

How do you prepare for each day when you’re at trial?

I look at trials as marathons, not sprints, and I must listen to my body. I train and consider how I’m going to maintain my stamina, especially for a long trial. For example, I know how much sleep I need during a trial and when I need it.

Preparation also depends on if I’m representing the plaintiff or the defendant. If I’m representing the plaintiff, it’s a very front-end exercise in that I need to do a lot of the work before the trial starts. If I’m representing the defendant, my work tends to focus on the cross-examination side, so I approach preparation differently.

It is true what they say in law school – that trial work is 90% preparation and 10% presentation.

What is one thing every trial lawyer should know about being in the courtroom?

There are three things every lawyer should know.

One, you’re always on. Whether you’re being observed by the jury, judge, the opposing side or your client, you are on. You and your witnesses must always be aware of that. And that scrutiny extends to how you present your workspace at counsel table, which you always want to keep organized so there’s nothing between you and the jury.

Two, you need to painstakingly prepare for the first five minutes of cross-examination. The whole point of the process is to take control of the witness from the start.

Three, I totally believe that you can win cases in your opening statement. So, my teams spend a lot of time on the opening’s graphics, substance and presentation.

These are the things that I stress to any lawyer I work with on a trial, including the many from the Firm whom I’ve worked with since their younger days. As I reflect on my career, one of the most rewarding elements has been watching young lawyers become great trial lawyers in the well of a courtroom.

What is the proudest moment of your career to date?

It’s hard to pick just one!

Six years ago, I tried a case that we ultimately won. Our client and lead witness was at the center of a commercial dispute. The work that our team did on the trial, coupled with our client’s testimony, helped her regain her self-respect, and the jury gave her back self-esteem. She had been told for many years that she didn’t know what she was doing, even though she was right.

Winning that trial was a profound moment for her and certainly for me as her trial lawyer.

What is one thing about being a trial lawyer that everyone may not know?

Every decision that a client makes to try a case, let alone undertaking the actual trial, ultimately strengthens their relationship with their trial lawyer. Choosing to go to trial is a profoundly personal decision for the client, even if the client is the general counsel of a large corporation. To decide to face the crucible of trial – and then navigating it with a client – is what’s special about being a trial lawyer. The relationship between lawyer and client is unique.

I am acutely cognizant of the fact that each client’s fate is in my hands. As lawyers, it is essential for us to be their zealous advocates in the courtroom.