The Night Docket

The Masters

The advocates, judges, strategists, and writers who did it best, and the one thing a trial lawyer takes from each of them.

46 entries, newest first
Entry 124The Masters

Charles Hamilton Houston

He never argued Brown v. Board and died four years before it was decided, and he is the reason it was won. Read Houston for how a lawyer picks the ground and wins the case years before trial.

Entry 123The Masters

Louis Brandeis

The people’s lawyer and the inventor of the fact-driven brief. Read Brandeis for the lesson that the record is the argument, and that the best prepared lawyer in the room wins before he stands up.

Entry 120The Masters

Lisa Blatt

A San Angelo kid who has argued more Supreme Court cases than any woman in history. Read her for what she does before she stands up.

Entry 119The Masters

Constance Baker Motley

She wrote the first draft of Brown, argued ten cases at the Supreme Court and won nine, and became the first Black woman on the federal bench. Read her for the preparation.

Entry 118The Masters

Bryan Garner

The Texan who edits the dictionary the courts read. Bryan Garner made plain English a discipline for lawyers, and wrote the argument book with Scalia.

Entry 105The Masters

Benjamin Cardozo

One of the greatest judges and finest legal writers in American history, read for the courtroom: MacPherson and Palsgraf, the modern law of duty and foreseeability, and the proof that the plainest writing is the most persuasive.

Entry 101The Masters

Alfred Thayer Mahan

The strategist who taught the world’s navies to think, read for the courtroom: command of the sea by concentration of force, and the discipline of massing your strength at the one point that commands everything else.

Entry 096The Masters

Erwin Griswold

Dean of Harvard Law and Solicitor General, read for the craft: he made the government’s best case to suppress the Pentagon Papers, lost, and had the rarer courage to admit years later he had been wrong.

Entry 095The Masters

Quintilian

Rome’s great teacher of persuasion, read for the courtroom: the ideal advocate is first a good man and only then a good speaker, because a jury weighs the lawyer before it weighs the argument.

Entry 094The Masters

George Kennan

The strategist of containment and the long game, read for the courtroom: patience built on deep knowledge of the adversary, steady pressure at the points that matter, and the discipline to fight only where it counts.

Entry 093The Masters

John Boyd

The fighter pilot who changed the art of war, read for the courtroom: the OODA loop, winning by deciding faster and orienting deeper than the other side, until their moves arrive a beat too late.

Entry 092The Masters

Archibald Cox

The lawyer who would not back down, read for the craft: Solicitor General, Harvard teacher for half a century, and the Watergate prosecutor fired for insisting that not even a president is above the law.

Entry 091The Masters

Percy Foreman

Texas’s greatest criminal defense lawyer of his era, read for the craft: roughly fifteen hundred capital cases, one client lost to the executioner, and the plainest principle there is, that everyone is entitled to a defense.

Entry 090The Masters

Ruth Bader Ginsburg

Before the bench, the architect of the ACLU Women’s Rights Project, read for the craft: winning equality case by careful case, representing men to move an all-male Court, and the discipline of the incremental campaign.

Entry 089The Masters

Ted Olson

One of the great Supreme Court advocates of his era, read for the craft: appellate argument as a conversation under fire, total command of the record, and loyalty to the argument over the side.

Entry 087The Masters

Racehorse Haynes

Houston’s greatest criminal defense lawyer, read for the courtroom: the accused is entitled to a real defense, total preparation behind the theater, and every independent reason the other side loses.

Entry 086The Masters

Joe Jamail

Houston’s King of Torts. The greatest plaintiff’s trial lawyer Texas ever produced, read for the courtroom: the jury as the great equalizer, total preparation, and plain talk to twelve Texans.

Entry 083The Masters

B. H. Liddell Hart

Out of the trenches convinced the frontal assault was murder. The indirect approach read for the courtroom: do not charge the strong point, find the line they did not expect.

Entry 081The Masters

Niccolo Machiavelli

A slur for five hundred years, and a libel on a careful man. The Prince read for the courtroom: the effectual truth, fortune and skill, and seeing the case you actually have.

Entry 078The Masters

Miyamoto Musashi

Sixty duels, none lost, then a book. The Book of Five Rings read for the courtroom: perceive what the eye cannot see, feel the rhythm, keep no favorite weapon.

Entry 077The Masters

Robert Greene

The author of Mastery, read for the courtroom: greatness is not a gift but a process. The Life's Task, the long apprenticeship, and the craft finally made intuitive.

Entry 076The Masters

Carl von Clausewitz

The strategist of On War, read for the courtroom: friction, the fog of uncertainty, the center of gravity, and war as the continuation of policy.

Entry 066The Masters

Irving Younger

The teacher behind the Ten Commandments of Cross-Examination. Control the witness, make your point, and have the discipline to stop.

Entry 062The Masters

Moe Levine

The New York master of damages. You do not try the wound, you try the whole person.

Entry 058The Masters

Stephen Zamora

My dean and my teacher, and one of the great scholars of Mexican and international law. He taught that the law is a form of respect.

Entry 059The Masters

Joseph Sanders

My torts professor. He taught that an expert’s opinion is only as good as the science under it, and helped write the book judges reach for.

Entry 060The Masters

Jack McGehee

A Houston trial lawyer who tried hundreds of cases and still made time to teach the rest of us how.

Entry 061The Masters

Edward Prado

Prosecutor, trial judge, appeals judge, ambassador. He served presidents of both parties, and everyone knew he was fair.

Entry 056The Masters

Gerry Spence

The country lawyer in the buckskin jacket who never lost a criminal trial. He won by refusing to be anyone but himself.

Entry 055The Masters

Clarence Darrow

The most famous defense lawyer America ever produced. He won by defending the human being, not just the client.

Entry 053The Masters

Edward Bennett Williams

He defended the most hated men in America and kept winning. The lesson was never charm. It was the work.

Entry 046The Masters

Earl Rogers

Before there was a fictional lawyer who always won, there was a real one in Los Angeles. The cross-examination legend who proved his cases with evidence in hand.

Entry 043The Masters

Daniel Webster

He defended a small college against a state that wanted to swallow it, and won with one sentence about love, after he had already won on the law.

Entry 041The Masters

John Adams

The most hated men in Boston needed a lawyer, and the best one in town took the case. Facts are stubborn things.

Entry 040The Masters

Aristotle

Every closing runs on a system a Greek wrote down. Ethos, pathos, logos, and why lawyers use a third of it.

Entry 034The Masters

Learned Hand

The judge who turned fault into arithmetic, and never made the Supreme Court.

Entry 031The Masters

Thurgood Marshall

Most lawyers try to win the case in front of them. He was winning the case ten years out.

Entry 028The Masters

Cicero

The greatest advocate the ancient world produced. The direct address, the concession, the killing pause.

Entry 024The Masters

Barnum

The showman who taught America how to look. A trial lawyer’s debt to the master of attention.

Entry 021The Masters

Orwell

He never practiced law, and he wrote the best legal writing manual in the language.

Entry 018The Masters

Jackson

A country lawyer opened the most serious trial in history with plain sentences. They held.

Entry 015The Masters

Barbara Jordan

Fifth Ward, Houston. Thirteen minutes in 1974, and the country sat down.

Entry 009The Masters

Sun Tzu

Six thousand words, twenty-five centuries old, still running the courtroom.

Entry 006The Masters

Darrow

Twelve hours on his feet, and nobody left. The defender completes the triad.

Entry 003The Masters

Lincoln

The best closing argument in American history took two minutes.

Entry 002The Masters

Scalia

Scouting report: the most quoted writer the Court ever produced.