What's Your Game Plan
By Dan Murdock, OBA General Counsel

Whenever a client comes in and hires you to represent them, what do you do first? Whatever it is that you do should be done after giving thought to the best way to achieve the objectives of the client pursuant to Rule 1.2, Oklahoma Rules of Professional Conduct. Football coaches call it a "game plan." Years back, just after I started as OBA General Counsel, David Petty, a Past President of the OBA from Guymon, had a CLE seminar on how best to achieve client objectives. I still remember the content, although I don't really remember the exact title. But I still remember the "Three Ps." David talked about "plan, prepare and perform." Football coaches do this all the time. They scout the opposition, look at their opponent's strengths and weaknesses, analyze their team's own strengths and weaknesses, and then they develop a plan to achieve their goals. If you don't develop that plan, your chances of success are diminished.

However, many have great plans. It takes more. You must prepare. Having formulated a plan, you prepare to execute the plan. Coaches call it practice. Many times this preparation becomes monotonous. Doing the same things over and over again until all contingencies are examined and you are prepared to meet the "what if..." question. Lawyers interview witnesses, review documents, and research the law to make sure they are prepared. If you review Rule 1.1, Oklahoma Rules of Professional Conduct, and the comments following that Rule, you will find a greater discussion of the need for proper preparation and maintaining competence.

But again, even though you have planned and prepared, success cannot be assured without the final "P" - perform. All of us have experienced "stage fright." They say athletes "choke". We lawyers must perform. I remember the old saying, "great practice player." That meant that the preparation was excellent but when it counted, the performance was less than anticipated. However, with a plan in mind, strong preparation to execute that plan, performance becomes much less of a worry. How often do we, after the fact, comment to ourselves that it wasn't as difficult as we first thought it might be. It was less difficult because we worked hard on the planning and preparation. Performance just naturally followed.

Our work representing our clients is not an athletic event where, although to some it may be, winning or losing is not everything. In our work, it can be and very often is. Make sure that you remember the "The Ps" - PLAN, PREPARE and PERFORM.

Your clients will be the winners.