Avoid Stupidity: The Pre-Filing Mindset That Wins Cases

Most cases are decided before they're filed. Working from that premise, host Brendan Lupetin builds a case-selection method around Berkshire Hathaway partner Charlie Munger's principle of inversion: "invert, always invert." Before falling in love with a promising file, Brendan argues, you should first figure out how you would lose it. He walks through the four questions he asks of every case, and confesses his rookie failure of not knowing what jury instructions even were — a mistake that taught him to review and write out those instructions before he ever drafts a complaint, then build the entire case around them. Figure out how you lose, Brendan says, and you will know how to win.

• Brendan opens with attorney David S. Casey's lesson from Trials and Triumphs: Lessons from Legal Giants: the most important part of any case is the detailed preparation done before you file it.
• Brendan borrows Charlie Munger's two-word mantra — "invert, always invert" — and applies it to case selection.
• Your first instinct on a promising case is to picture the verdict. Brendan explains why that rush of excitement is the trap itself, and how falling in love with a case subtly bends every fact toward the answer you already want.
• Every case hides landmines. Brendan reveals the four-question test he runs on each one before he'll commit years of his life and his firm's money to a single file.
• Brendan shares his rookie failure coming fresh out of law school, where he had to ask opposing counsel to explain what jury instructions were in his first-ever jury trial.

☑️ Brendan Lupetin | LinkedIn

☑️ Lupetin & Unatin, LLC

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