Be an Action-Oriented Lawyer
Lawyers who thrive don’t just talk about what they will do, they do it. A decisive, action-driven lawyer embraces a mindset that prioritizes initiative, decisiveness, and perseverance, all while upholding the highest standards of our profession.
Jim Vickaryous
The steel barrels looked cold in the late January dusk as I stared down the working end of a double-barrel shotgun. The man with his finger on the trigger smiled. “Give me one reason why I shouldn’t kill you?” he asked. He had the element of surprise, but I couldn’t just give up. Could I reason my way out of this? I blurted out, “I could give you some legal advice, you might need some if you kill me.” The barrels lowered. “I do have some problems that I could use a lawyer’s advice on.” With a bit of quick wit, my would-be executioner became my client. I gave some quick legal advice on matters other than his threatening my life and made a quick exit. Somewhat like the Vizier’s daughter in Arabian Nights, telling tales so gripping that her executioner could not bear to drop the blade, I came up with an action plan that spared my life. In law, as in life, the ability to act decisively, sometimes under pressure, can mean the difference between success and failure.
The law requires action. The old affirmative defense of laches, rooted in equity law, holds that failing to act when you should, can forfeit your rights. Older than Rome, the maxim Vigilantibus non dormientibus æquitas subvenit reminds us that equity favors the vigilant. Inaction, then, forfeits what diligence might protect. The ancient Latin poet Horace summed it up much more eloquently than me: Carpe diem quam minimum credula postero. In English, “Seize the day, trusting as little as possible in the next one.” Indeed, the action taken today is much more effective than the action taken next year.
Action is fundamental to all areas of the law. For instance, in criminal law, a crime cannot exist without intention (mens rea) and the corresponding act (actus reus). Conversely, so too does any meaningful achievement require virtuous intention paired with decisive action. What we wish for is ephemeral unless we act to make that vision something real in this world.
I once lost my iPhone on an island in Western Australia’s Buccaneer Archipelago, an uninhabited and enchantingly beautiful place. The device itself was replaceable, but the 1,000 unbacked pictures taken while sailing were not. Despite searching the island high and low, we couldn’t find it. Captain Brucie reminded us that time and tide wait for no man, so we jumped into the tender before the ebbing tide stranded us. The golden isle disappeared into the evening as we made our way back to the good ship Kingtide. My wife is made of more determined stuff than me. The phone was not important to her, but the 1,000 family pictures in it were. Over the next few months after returning home to America, she convinced our stalwart Aussie Captain Brucie to keep an eye out for the phone the next time he brought his ship to the isolated islet. Serendipitously, Captain Brucie found it in the middle of the island and mailed it to my action-oriented wife. Sometimes the action is simply making the ask and letting someone know how important a particular thing is to you. My wife’s persistence proves that action often begins with simply making a request and having the resolve to follow through. If you give up, nothing will happen.
In law, a profession where challenges are constant and the stakes are high, action is the key to progress and achievement. Lawyers who thrive don’t just talk about what they will do, they do it. A decisive, action-driven lawyer embraces a mindset that prioritizes initiative, decisiveness, and perseverance, all while upholding the highest standards of our profession.
Every lawyer has faced the daunting challenge of beginning a task, whether drafting a complex motion, preparing for trial, or tackling a new client matter. Often, the hardest part of any action is taking the first step. Yet, as Joan of Arc famously said, “I am not afraid . . . I was born to do this.” Her words remind us that purpose and confidence can fuel action. By embracing the mindset that we are equipped for the task at hand, we can overcome hesitation. Action is the birthplace of progress, and lingering at the starting line only delays the inevitable work ahead.
Success in a legal career does not favor those who wait for the perfect moment. As the old saying goes, “Don’t wait for the iron to get hot to strike, strike it to get it hot.” In other words, initiate action, and the momentum will follow. People may doubt what you say, but they will believe what you do. This principle holds profound importance for lawyers, whose words often carry the weight of advocacy and influence. Clients, colleagues, and even opposing counsel evaluate us not just by our arguments, but by the actions that support them. Ralph Waldo Emerson captured this truth eloquently: “What you do speaks so loud that I cannot hear what you say.”
President Abraham Lincoln, a model of resilience and action, famously remarked, “Things may come to those who wait, but only the things left by those who hustle.” This axiom reminds us that waiting for results without action is futile. Action-oriented lawyers stay in action, adapting and responding to challenges with determination.
Even in the face of obstacles, the action-oriented mindset can transform barriers into opportunities. The Roman philosopher Marcus Aurelius observed, “The impediment to action advances action. What stands in the way becomes the way.” This perspective invites us to view challenges as steppingstones to growth, encouraging us to act with purpose even when the path is unclear. Impediments require much action to overcome and succeed.
Leadership in the legal profession isn’t about being the loudest voice in the room. It’s about setting an example through action. As lawyers, we often encounter situations where we must take initiative, whether mentoring others, advocating for systemic change, or navigating complex cases. “Be content to act, leave the talking to others,” the saying goes. While eloquence is an asset in our profession, it is the actions that underpin our words that create lasting impact. An action-oriented lawyer leads by doing, inspiring others to follow suit.
The legal career of a decisive lawyer is a collection of deliberate choices and actions. Marcus Aurelius encapsulated this beautifully: “You have to assemble your life yourself, action by action.” Each action, no matter how small, contributes to the larger mosaic of professional success and personal fulfillment. A successful life is one built by thousands of actions taken over many years. Keep acting, even when it seems like your actions are not making headway. This is often the way of life. An epiphany can occur where these seemingly meaningless actions bring you to a new place of meaning.
Whether pursuing justice for a client, navigating the complexities of a case, or simply mastering the daily grind of legal work, every step matters. By focusing on the present action and executing it to the best of our ability, we build a career — and a legacy — that reflects our dedication and integrity. To be an action-oriented lawyer is to recognize that our profession demands not just knowledge, but the courage to apply it. It means being willing to start before we feel ready, to persevere in the face of setbacks, and to lead through decisive, professional actions.
As lawyers, we hold the power to shape lives, communities, and the justice system itself. But that power is meaningless without action. Let us embody the wisdom of figures like Joan of Arc, Abraham Lincoln, and Marcus Aurelius, and even Captain Brucie of the Kingtide, who understood that action is the engine of progress. In our profession, it’s not words, but actions that drives results. So, let’s take that first step, keep moving forward, and let our deeds speak for us. Let’s all resolve to be action-oriented lawyers.
Jim Vickaryous is the managing partner of the Vickaryous Law Firm in Lake Mary and represents the 18th Circuit on The Florida Bar Board of Governors.
