Most of us don’t get very much helpful feedback about our performance in court or otherwise. Generally, the feedback we get is the ruling from the judge on a recent hearing. We then know whether we won or lost, but we don’t know much about what worked and what didn’t.

That’s unfortunate. Feedback is the key to improving our performance.

Feedback Is Essential

It’s hard to get better if you have no idea what you’re doing right and what you’re doing wrong.

Sometimes I envy the waitstaff in a restaurant. They perform 10 to 20 times per meal. After each performance, they get feedback in the form of a tip. They can quickly modify their behavior so that they take the steps necessary to maximize the tips. The feedback loop is tight, and the improvement in their performance is speedy.

We don’t have that opportunity. Most of the feedback we get is based on months or years of effort.

That isn’t the way it needs to be. There are things we can do to get feedback and use it to improve our performance.

Of course, getting feedback isn’t always pleasant. Some of the feedback will inevitably be negative. It might sting. It can be painful to hear about the things that aren’t working out as well as we’d like.

But feedback truly is essential if we’re going to grow.

Feedback Is Out There If You Want It

Where do you get feedback?

Judges are always an excellent source of input. Most judges I’ve known have been more than willing to give me their opinions about my performance. Of course, you’ve got to wait until the case is over so that you avoid ex parte communication issues. Once the case is over, however, you’re free to talk with the judge at length.

Ask your judge for an opportunity to sit down. Find a time that’s convenient for the judge: don’t pop in and expect the judge to have the time to talk with you. Make an appointment.

Ask the judge to critique your performance. Explain that you really want honest feedback, no matter how harsh. Explain that you know you suffer from some failings and would like to improve. Then, after you have made your request, sit back, shut your mouth, and listen. Take notes. Let the judge go on and on and take everything in. Don’t get defensive. Don’t argue with the judge. Just take notes and learn what you can from this individual.

Another source of feedback is opposing counsel. After the case is over, talk to opposing counsel about his or her opinion of your performance. I have found that more experienced attorneys are usually very willing to give me their opinions about how I did. Again, ask the question and then listen. Don’t get defensive; don’t explain things. Just listen and take it all in. Take notes and review your notes later so that you will really have an opportunity to absorb what you’ve been told.

These People Will Tell You Exactly What They Think

Another source of feedback is courtroom personnel. Talk to the clerks and the bailiffs and ask them to critique your performance. These individuals have usually listened to hundreds of lawyers doing their job. They have opinions about what works and what doesn’t. Their feedback may not always be right, but it’s worth hearing.

Finally, your client is an excellent source of feedback. I’m a big believer in surveying clients and asking for as much feedback as they’re willing to give. You’ll learn what matters to clients and what doesn’t. The things that matter to clients aren’t always the same things that matter to you, or to the judges, or to the other attorneys.

Of course, all feedback comes with a biased perspective. Each individual in the process will have different thoughts about your performance based on his or her own experiences: take it all with a grain of salt. Don’t be offended. Listen and learn. You’ll grow from the information that you’re collecting.

Ultimately, your objective is to do what the waiter does. Create a feedback loop that gives you information about how you’re doing so that you can quickly correct your performance to improve the results that you obtain for your clients. The more feedback you get, the faster you’ll improve. Keep the input coming, and the output will get better and better.

Photo credit: Glamhag