Rule #17: "Beware of the Rocking Chair"

I learned this lesson the hard way . . . one learned during my third year in law school at a mock trial competition. It wasn't a real case but it was real enough for me and real enough that the lesson learned stayed with me all these years. The other name for this Rule is "When you are finished with an exhibit, put it away." It avoids much embarrassment especially if you hate losing as much as I do. "Beware of the Rocking Chair." 

My partner and I were on the defense. Our mock trial client was charged with murder and we believed we had a clever defense "angle" on the case. Our theory was our client could not have shot the victim as alleged because he'd been shot in a rocking chair and the bullet trajectory was inconsistent with the prosecution's key witness. During our closing argument we used a rocking chair as demonstrative evidence. 

My mistake? Not putting it away after I was finished. I left the chair in the middle of the courtroom as the prosecutor stood up to give his rebuttal. Needless to say, my opponent used the chair to shred my defense in the most embarrassing way.  Even my wife cringed as the rocking chair was shoved down my figurative throat. Had I simply put the exhibit away I think I would have avoided the shock. That was the lesson. 

In my work as a criminal defense attorney I often use various exhibits and presentations to illustrate evidence to the jury. I will have a witness introduce the exhibit and then describe how the information presented is relevant to our case. After I've gotten what I want, I put the exhibit away. Leaving something out not only looks tacky and unorganized, it gives my opponent (and the jury) a chance to deconstruct my argument and use my exhibit against me. 

So that's Rule #17. When you're finished with it, put the darn thing away. Don't let the proverbial Rocking Chair get between you and a victory.

Rule #37: "Learn to Think BIG"

Anything worth doing is worth doing well. In fact, in everything we do there's potential to make it not just better, but BIG. In this way every endeavor can be made into something great. Folks in every profession make the mistake of being content with overwhelming mediocrity. 


I train my people to think BIG. If something isn't going well there's a greater potential to be reached with a little extra effort. Even when things are looking good the most exceptional people will see where improvements can be made. That's the mindset I want my people to possess.

Notice the Rule doesn't teach one to necessarily think big, but to LEARN to think BIG. Thinking BIG is a process, a mindset, a lifestyle. But it doesn't come naturally. It takes work because there is risk in thinking BIG. Risk of failure. And yes, the risk of being successful, which can be scarier still. In running a criminal defense law firm, like any business, learning to think BIG brings rewards. Better service to the client, more rewarding financial gain, and a happier team. 


If it's worth doing, it's worth doing BIG. Learn to mine your potential. Learn to think BIG.

Rule #3: "Never Lie to Anyone . . . Ever"

Contrary to public opinion defense lawyers are not compulsive liars (i.e., used car salesmen!) who will say anything to win a case. The bad ones might be, but not the good ones. While being a good criminal attorney often involves interpreting evidence differently than most people would initially, my work does not require . . . nor does it allow . . . me to lie under any circumstance. Everything I do as a defense lawyer requires integrity and requires I maintain my credibility with others. (see Rule #33: "Credibility is Everything")  Whether that be with the jury, judge, prosecutors, or the public. Trust is the lawyer's stock and trade and that means being honest with everyone, all the time. 

Often my work requires me to separate fact from speculation. It requires me to be a zealous advocate for the real people entrusted to my care. Sometimes I need to suppress evidence and argue that seemingly "incriminating" evidence is not incriminating at all. But lying is not part of that job description. Rather, out of respect for the law, the court, the prosecutor, and my client . . . my integrity and my honesty . . . are everything. 

So the Rule is never lie, to anyone, ever. We might need to parse our words as defense lawyers. But make sure those parsed words are still the truth. The lives of others depend upon it. 

Rule #24: "Know the Facts Better Than Your Opponent"

My old boss taught me this. Every criminal case in existence was driven by the facts. Sometimes by the law, but most often by the facts. Usually, the side with the best facts has the momentum and most favorable position. But not always. Sometimes the side who knows the facts better than their opponent has the upper hand. Therefore, Rule #24.

Often there's a plethora of information flying around and it's easy for the defense lawyer to lose track of seemingly unimportant details and get bogged down. That's why I also favor Rule #5: (Always visit the Scene), Rule #6: (Read Everything in the File) and Rule #28: (Out-work Your Opponent). It's a mistake not to know the facts and it's darn hard work to make sure you've got a complete understanding of each facet of the case. But again, even if the facts aren't on your side, if you know them better than the other guy, you might have the advantage.

Finally, juries like it when you have a better grasp of the facts. That helps you build credibility with them. See Rule #33: (Credibility is Everything). One of the best ways to persuade is to demonstrate to the jury you know more about the case than your opponent. They are more likely to trust you. And this trust is often the tipping point in the deliberation room.

Rule #22: "Wear a Suit"

One of the first things we notice about someone is their style of dress. We make judgements about their personality, their state of mind, their confidence. And perceptions aren't just important, they may be everything. Seems simple enough.


I enjoy wearing suits. I believe my clients like it when they see me in one. My wife tells me I'm handsome in a suit. Prospective clients expect to see their lawyer-to-be in one. I've got a closet full of them. So for goodness sake . . . wear a suit.


Each time I meet with a client (except maybe weekends) or tussle with a prosecutor I like wearing a suit. When a client first meets me I want to make clear I'm a pro. In my business pros wear a suit.  Nobody was ever impressed with a flip-flopper. Perception can be the difference between signing a new client or losing a sale.


So the rule is wear a suit. You just never know when perception will be everything. Appearances matter and first impressions last, especially in the life and work of a criminal defense attorney.

Rule #13: "Never Give Up, Never Surrender"

I didn't write this Rule for me, I wrote it for my friend. "Never Give Up, Never Surrender." I lived this Rule so she could see it in action. I wanted to show her the value of pushing forward . . . even in the face of certain defeat. I wanted her to learn about our professional responsiblity to fight until the end, until we had no more opportuntiy to fight, until we had no more energy to fight. She was the best I ever had. The brightest, the fastest, the one who made sure I was never attacked from behind. The one who made sure I did my best.

I wrote this Rule because I knew where she was going. She didn't know yet even though she thought she did. But I knew she was headed straight for hell-on-earth and I was trying to teach her how to survive there . . . to give her something to grasp when life seemed impossible to live. 

When she reads this she'll know it's about her. And she now understands about hell-on-earth. About fighting battles and wondering why she doesn't win. About doing her best, but coming up short. I know she's also learning we must often retreat and regroup . . . before we can attack again. That retreating is not giving up, it is not surrender. Sometimes we must retreat to find our energy and our center again. Our reason for pushing forward in the face of uncertainty, and even defeat. 

I won't allow her to quit because I understand her dream. I understand it because it was my dream, too. Because we all need someone pushing us from behind and pulling us from the front to get to our dream. There will be no giving up! There will be no surrender!

Rule #11: "Deny, Delay, & Defend"

Ok, this one isn't original. But it's still a good one and worthy of my list. The 3 Ds of criminal defense work; Deny, Delay, & Defend.

The first thing the police want is a confession.  Let's face it . . . a good confession makes their job so much easier. My advice to folks . . . the targets of criminal investigations . . . is to keep your mouths shut. Speak to no one on the planet, except your criminal lawyer. And for goodness sake, if you're going to say anything, at least DENY it. Since once you admit, you are probably toast.

I love DELAY. It gives me time to work. It mucks-up the system and judges loath it. It helps my case get old, mildewed, and smelly.  We don't want speedy trials.  Speedy trials are bad for the accused. Provided my client is keeping out of trouble, DELAY can do wonderful things to a criminal case. Witnesses forget, get in trouble themselves, move off. Prosecutors get sick of my case . . . and me. I love it. It works. As long as they haven't convicted my client, we've got hope. DELAY whenever you can.

Finally, DEFEND. Defend only when you must. Frankly, defending a criminal case often doesn't work out well for the accused. It's a fact of life. Juries are unpredicable, they sometimes want blood. Judges are mean. Prosecutors, well, prosecutors need to get a life. In any case, DEFEND if you must, but only as a last resort. It's tough out there, you know.

Bryan/College Station criminal appeal lawyer, Steve Gustitis, has practiced criminal law exclusively since 1990. First as an assistant district attorney with Brazos County and then in private defense practice. He is Texas Board Certified in criminal law and committed to the aggressive and ethical defense of citizens accused of crime.