Hamilton Herald Masthead

Editorial


Front Page - Friday, October 5, 2012

View from the Cheap Seats


Trial strategy



I have a policy when I try a case. Once the decision to go to trial has been made, I assume we’re going to get a good result. Even when a good result is a long shot, I play to win every time. I’m usually pretty good at convincing myself that the result for which I’m looking is within reach. All I have to do is try hard enough. I call this state of mind “trial psychosis.”

I figure this policy accomplishes two things: First, it forces me to try. Second, if I don’t succeed, then at least I had the pleasure for a while of thinking I had a chance. If I assume I’ll lose, then I might feel bad all the time. There’s no value in that.

It’s really no more than the classic “cup half full/half empty” analogy. Whether you look at your situation as a cup that’s half full or half empty, you still have the same amount in your glass. The only difference is the way you look at the situation. Why be negative when you can be positive?

I’ve always heard it’s easier to smile than to frown. I’ve even heard smiling takes fewer muscles than frowning. Even if this is true, I believe that, in many ways, it’s easier to be negative. Negativity comes easy for many people. 

The problem with living your life with negativity as a default position is that it’ll cost you in the future in the same way buying something on credit will cost you. It’s easy on the front end, but the price you pay in the end is much higher. The “interest” you pay for living a life with negativity comes in the form of missed happiness and productivity.   

While I believe what I say, I also believe that the true measurement of loss due to time spent wallowing in negativity is impossible to measure. On the other hand, how much happiness do you have to spare? Think of it this way: A faucet with a small leak loses thousands of gallons if left unattended over a long enough period of time. If your happiness and productivity were leaking from a faucet, wouldn’t you close it?

While a positive attitude will not always get you what you want or assure victory, it will help you to make the most out of the downturns in life and recognize the lessons that come with losses. You can preach valuable lessons at a man all day long, but the lessons that seem to really stick are those that are learned first-hand. Think of a child and a hot stove.

Wake up each day and look at the world with a positive attitude. If nothing else, realize how much worse your life could be. Things can always get worse. Take what you have and make the best of it. If you seek out the best in yourself and others, you will very often find it. Seek out the worst in the world, and you are guaranteed to find it. The world is coming at you in every direction. It’s your life – and your choice.

It’s not always easy to be positive. When there’s no relief in sight, it’s easy to be down. The bad thing about letting yourself get down is that it’s much harder to get up. Besides, your smile and positive attitude might be all someone else needs to see their glass as half full. That’s good for everybody, especially those of us way up in the CHEAP SEATS!

Bill James is a criminal defense attorney and co-founder of the James Law Firm with offices in Little Rock, Conway and Fayetteville, Ark. He may be reached at Bill@JamesFirm.com.