By JODI SOKOLOWSKI
Buffalo Law Journal

In 1895, a lawyer requested and was granted a date change because, according to news reports, he claimed, "I have never tried cases on Friday."

While that may not be permitted today, litigators continue to maintain superstitious habits and traditions in and outside of the courtroom.

Some area lawyers who have superstitions when they are on trial say the odd habits started just by happenstance but that they continue them because it's one less thing they can blame if things go wrong.

"You always second-guess yourself when you lose, but you never second-guess yourself if you did your own little rituals," said Jim Burgio, a partner at Burgio Kita & Curvin.

Some traditions, such as Damon & Morey LLP partner Sheri Mooney carrying the same black three-ring binder for every jury selection, are more of a habit than a superstition - especially compared to Burgio's wearing the same tie and boxers during the beginning and end of every trial.

Dress for success

Burgio wears a blue tie with a small red spot, as if to symbolize his "bleeding heart," as well as boxers with Labrador retrievers on them, for both his opening and closing remarks. The boxers are a reminder of his deceased dog, Triscuit, who shared Burgio's bed.

"She would be a little fidgety. She could sense (when I was on trial)," he said. "She would give me a little more room (on the bed) on those days."

Burgio also wears a stainless-steel watch during the entire trial - all the time.

"I noticed that I always wore it for the entire trial, so I never take it off, even in the shower," he said.

The timepiece also comes in handy when he wakes up in the middle of the night thinking about a case.

"I have to encourage myself not to worry and go forward. It's a nice thing that it glows in the dark," Burgio said.

Ned Perlman of Magavern Magavern Grimm LLP, who also wakes during witching hours, keeps a yellow legal pad on his nightstand so he can jot down thoughts he comes up with in his dreams.

"I've thought of a summation in my sleep, woke up and wrote it down," he said. "I try to go back to sleep, but I'm just obsessed."

A lawyer's toolbox

While that too is more of a habit, Perlman has one superstition that started when he was looking in his den for an office-supply container to use on trial. One of his daughters, who also used the room as a homework corner, left behind a "Beauty and the Beast" pencil case. So he grabbed it to hold pens, a highlighter, paper clips, sticky notes and extra business cards.

"The first time I used it I got a good result, so I thought it was sort of good luck. I've kept it ever since," Perlman said. He's been using the case since 1992.

Now when his wife sees the pink-trimmed pencil case, she knows he's getting ready for trial.

"She knows enough to watch out (because) I'm going into trial mode," he said, adding that he'll eat whatever she puts in front of him when he's on trial. "She could tell me the house is on fire and I wouldn't notice. She could tell me that my daughter ran away and got married."

His daughter, Heidi, a first-year student at Wake Forest Law School, has asked Perlman for the pencil case back when she graduates.

"We'll see," he said. "I'm just borrowing it."

Extra credit

Attorneys like Damon & Morey's Mooney, with her black binder, and Paul Morrison Taylor, a partner at Phillips Lytle LLP who likes to stay in the courtroom for the entire day while on trial, say their quirks give them credibility in the courtroom.

"A gentleman approached me and said, ‘I just want to tell you I was really impressed that you had a binder at jury selection. It showed me you were extremely prepared for trial,' " Mooney said. "I just wanted (my documents) to be put together and to get over (to court). Now I would never go to jury selection without it."

Morrison Taylor believes his obsession with being prepared enables him to be "comfortable, confident and credible" with the jury. And being on trial is also good for his waistline. He'll only eat coffee and yogurt for lunch, because anything more makes him "groggy."

He said, "I always look forward to losing weight (when I'm) on trial."