THE OKLAHOMA BAR JOURNAL 22 | AUGUST 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. When I was a student at the Syracuse University College of Law, our team won the National Mock Trial Championship. Naturally, we thought we were pretty good. One day during a trial practice scrimmage, our professor, acting as judge, interrupted my presentation and called me to the bench where he scolded, “Priest, you’re young, and you look young, so don’t be a smart ass.” Ouch. But he was right. For quite a few years after that, I did look young, and I tried to heed Professor Lewin’s advice. Even if you think the law is all on your side, even if the other side’s case is a dog, even if opposing counsel seems like a stooge, don’t be arrogant. And make sure your client stays humble, too. I was trying an age discrimination case in federal court, and my client, the sheriff of a nearby county, was called by the plaintiff as the first witness. The sheriff held the plaintiff’s lawyer in contempt, and once he took the stand, he refused to even look at him. During questioning, the sheriff turned sideways, looked at the jury and hardly looked at the plaintiff’s counsel as he answered questions. The judge took a lunch break after direct examination and called the lawyers to her chambers. Looking at me, she asked, “Is your person with settlement authority here? That was the worst witness I’ve ever seen. You need to settle this case.” I told the judge, “He won’t be the worst witness after you’ve seen the plaintiff.” But during the lunch break, I strongly scolded my client and told him he needed to retake the stand with humility. “You were elected and know how to get votes. You need to get votes on that jury. Show that lawyer respect!” The sheriff did better after lunch, and we eventually won the case. But arrogance could have easily lost it. 3) THOU SHALT DISBELIEVE YOUR OWN CLIENT I remember working with my senior partner, Ken McKinney, on a case, and he assigned me some fact-gathering. When I reported back to him the facts as I understood them, he asked, “Why do you believe that, Jim?” I replied, “That’s what our client told me.” Mr. McKinney responded, “And you believed him?” I asked why our client would lie to us and explained that we were trying to help him, and he has attorney-client privilege. “Jim, you’re very naive,” he said. Ouch! I’d rather he called me stupid, but he was right. Do not believe everything your client tells you. Always doubt. Always verify. Always disbelieve what your client tells you, unless – and until – you can corroborate the truth. 4) THOU SHALT ALWAYS VISIT THE EMPLOYMENT SITE There were many times I asked my employer client to send me all the information requested by the other side. They would comply and tell me I now had everything. But I learned early on to physically go to the employer’s office and the site where the employee worked. Invariably, I would find more things I needed. There was always the “official” personnel file, and then there was the “private” file the supervisor kept in their desk. “Oh, yeah, I forgot about that file,” they would say. Physical proximity leads to greater familiarity. When I defended car accident cases, I always visited the scene of the accident and learned to do the same with employment cases. Do not believe everything your client tells you. Always doubt. Always verify. Always disbelieve what your client tells you, unless – and until – you can corroborate the truth.
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