Defending People

the tao of criminal-defense trial lawyering

Eggs Win Trials

Jor­dan Rushie asks (rhetor­i­cally), Should I run my law firm on Apple? (a stu­pid post Green­field and Tan­nebaum will laugh at), and com­pares this ques­tion to another:

It’s like ask­ing if you pre­fer to eat eggs for break­fast or cereal. It’s a pref­er­ence. It won’t win the trial or make you lots of money any­more than your Fruit Loops will.

Rushie over­states the impor­tance of the ques­tion of Apple-vs-PC ques­tion and under­states the impor­tance of that of eggs-vs-cereal. Much more than your choice of oper­at­ing sys­tem, the right break­fast food will improve your chances of win­ning every trial.

The right choice? Eggs.

If your body is run­ning on carbohydrates—if you get your energy from Froot Loops®—you have to keep replen­ish­ing your carbs or suf­fer phys­i­cal and cog­ni­tive deficits (“low blood sugar”). In trial, are you going to be able to depend on hav­ing a cracker break in the morning?

If every­one else in the court­room had Froot Loops® for break­fast, they’re going to start drag­ging around 11am. Do you want to be drag­ging with them, or do you want to be the one per­son who stays sharp?

Eggs help our bod­ies pro­duce testos­terone. Sugar doesn’t. In trial, do you want more testos­terone or less? 

(Inter­est­ing study on trial lawyers and testos­terone: http://onlinelibrary.wiley.com/doi/10.1111/j.1559–1816.1998.tb01655.x/abstract.)

Def­i­nitely eggs for breakfast.

Toss some bacon in with them.

In fact, and even aside from the health ben­e­fits (which main­stream med­i­cine doesn’t want to admit), trial lawyers should be low-carb and high-fat all day long. Every­one else in the court­room is going to eat carbs for lunch; these are going to make them doze in the mid-afternoon too. We want to be sharp then to take advan­tage of their sleepiness.

Mainly, though, we don’t want our per­for­mance to depend on our being able to stop for food—sometimes we need to work through lunch. If we’re in lipolyis (fat-burning  mode) we can, unless we’re already ema­ci­ated (few of us are that), go all day on water alone. (“But if it comes to slaugh­ter / You will do your work on water / An’ you’ll lick the bloomin’ boots of ‘im that’s got it.”)

I eat my carbs on Sat­ur­day, so that by Mon­day I’m back in lipol­y­sis. My trial lunch, when I pack one, is a hard­boiled egg. A hard­boiled egg is well pack­aged, tasty, sim­ple, and nutri­tious, and I can eat it at coun­sel table when the pros­e­cu­tors are out carb­ing up. I stay sharp through the after­noon, and don’t lose a minute of prep time. It’s not sporting.

(As to the Mac-or-PC ques­tion, I use a Mac because I’ve used Macs since 1991, but noth­ing in my expe­ri­ence leads me to believe that “it looks cool” (the only one of Rushie’s “seven advan­tages of run­ning Mac” that bears directly on trial) is not in fact a disadvantage.)

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

8 Responses to “Eggs Win Trials”

  1. shg says:

    That would explain why so many peo­ple refer to you as “Hard Boiled yet Tre­dious Bennett.”

  2. Way to turn use crappy post and turn it into some­thing worth reading…

    Also, I was hav­ing this dis­cus­sion with oppos­ing coun­sel dur­ing my last jury trial. If you’re “fat adapted” and gen­er­ally restrict car­bo­hy­drates, I’ve found that a fasted state is the best for trial. I feel more alert and on my game.

  3. John Gibson says:

    A bit OT but one of the best lines, by Robert Red­ford. 1Min 10 Sec in.
    John Gib­son
    http://www.youtube.com/watch?feature=endscreen&NR=1&v=VroZ2mLbwIg

  4. Alex Bunin says:

    Mac and cheese?

  5. Ric Moore says:

    Ha! I use Linux. I started the Bay Area Apple User Group back in the 80’s in the John­son Space Cen­ter Nas­sau Bay area. I bought my Apple ][ in 1978 and had over 2 grand in it. We had 150 mem­bers and loved to swap soft­ware. Then Apple threat­ened to SUE ME for using the word Apple in our user group name. They promised not to sue me if I started col­lect­ing dues and for­ward­ing them to the Apple CORE group. I refused. I got another nasty let­ter. I wrote back that we had Apollo astro­nauts and their kids in our group and that we sold more apples for the local store than they sold them­selves. If they truly wished to screw with me, go for it. After, every­one in our group went the PC route, when Apple refused to offer us an upgrade route. They kicked us orig­i­nal own­ers and sup­port­ers to the curb AND under the bus. That was the last of Apple Inc for me. Now, the PC is a clone of that old Apple ][. I can open the case, jam in new cards into slots and even replace the moth­er­board should I chose to and install any OS I feel the need to use. That was Steve Wozniak’s intel­lec­tual child. IBM rec­og­nized it’s poten­tial while Steve Jobs did not. Now, both my com­puter hard­ware and my soft­ware is “open”. I love it!

    • Michael Stuart says:

      @Ric:

      Pre­cisely. I bought a Sam­sung Galaxy S3 instead of slav­ishly wait­ing for the (infe­rior) iPhone 5…mostly because the Sam­sung is gen­uinely better.

      But partly as protest against Apple’s sue-for-everything posture.

  6. Michael Stuart says:

    Mark, I adopted an Atkins diet ten years ago after I’d sud­denly bal­looned twenty pounds on the SAD–the Stan­dard Amer­i­can Diet.

    Sub­se­quently I’ve gone back to paleo/primal/low-carb. For the past year, I’ve felt that vigor and energy that comes from being a well-nourished fat-burner. I joke with my wife that I’m a diesel, because I run on oil.

    Four table­spoons of lovely saturated-fat coconut oil in the morn­ing in a pro­tein shake with whey and mixed berries. I’ve often worked all Sat­ur­day gar­den­ing, mow­ing the yard, and tin­ker­ing in the garage only to real­ize I’ve missed lunch…without actu­ally miss­ing it.

    It’s remark­able how much bet­ter one feels as a fat-burner. It is not some extreme reg­i­men to be under­taken for weight loss, though that is a happy side-effect. Rather, it is a return to the health­ful state we’re meant to enjoy.

    Don’t for­get to sup­ple­ment with a potent multi-mineral. Your body uses dozens of weird ele­ments you’d never imagine–chromium, sele­nium, cobalt, cop­per, molyb­de­num etc. The soils today are so depleted from years of chem­i­cal fer­til­iz­ing that the foods sim­ply don’t have enough. Organic foods help, but I’ve real­ized a great improve­ment from tak­ing a good min­eral sup­ple­ment. My favorite is Youngevity’s liq­uid, or their pow­dered “Tangy Tangerine”.

    No I don’t sell the stuff. I should, as much as I shill for it though.

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