Hot Topics for Trial Lawyers
A compilation of journalistic articles to keep you abreast of changing developments and current events in the litigation realm. If you are interested in writing for this Hot Topics segment, email tnuckols@texasbar.com
Tips From the Trenches - Edition 1
Posted 3/1/08 Andrea Paterson, Beck, Redden & Secrest, LLP.As most attorneys recognize, experience is an intangible asset that cannot be learned from in law school or extracted from legal treatises or case law. Experience cannot be bought, but thankfully, it can be shared which is the purpose of “Tips from the Trenches.” This section will provide useful advice from a variety of Texas litigators on a range of topics which will change frequently. To kick off this new section, the first topic was a broad question posed to various Texas litigators in different practice areas as well as the judicial branch. Each was asked:
“What is your best piece of advice? What do you know now that you wish you had known when you started in the legal profession?”
Supreme Court Justice Harriet O’Neill reminds lawyers that underlying most legal principles is some element of common sense and that learning to trust intangible instincts will often prove the most valuable. She also encourages attorneys to value the people whose hard work allows you to shine. She sums up her advice by stating:
“When adrift on a sea of legal complexity, common sense and reasoned instinct are your best navigational tool. And you’ll never make port without the respect of your crew.”
Muhammad Aziz is an attorney with Abraham Watkins and he offers advice about long term success as an attorney. He reminds all lawyers, but in particular younger lawyers, that success in private practice is not just long hours and hard work, it is also about learning to bring in business. He explains:
“After passing the bar exam, lawyers seem to think that all they need to do is put in long hours and work hard and success is guaranteed. However, that is far from the truth. Long term success can only be guaranteed by having the ability to bring in new business. The sooner a young lawyer has a business plan and starts to implement it, the better.”
Jim Repass, Head of Intellectual Property and Technology Department at Fulbright & Jaworski, LLP counsels young lawyers to use their first years in practice to develop their legal skills. He explains that as lawyers continue to practice of law, demands on their time increase and you do not have the ability to hone the basic skills you need to succeed in this business. The first years of practice are the best time to develop the foundation on which attorneys will build their careers. He also advises lawyers during these early years to:
“Figure out the balance that works for you. No one can tell you the one type of lifestyle that is right because it’s an individual decision for each lawyer. And, for all lawyers, if you want to practice law, client development starts Day 1.”
Steve McConnico, Partner at Scott, Douglass & McConnico, LLP encourages trial lawyers to be realistic in their approach to cases. He explains:
“A hard thing for a trial lawyer to do is nothing. Good trial lawyers like to make things happen. Good trial lawyers are self-confident. Many times, we have to stop ourselves. Do not ask one question too many. Do not take every client that walks into your office. Do not think you can turn bad facts into good facts. Be realistic.”
Gib Walton, Texas State Bar President and Partner at Vinson & Elkins, LLP advises that time management is key to success as a trial lawyer. He counsels:
“Work hard at learning to manage your time. Time management may be the most difficult skill for a lawyer to master. I remember then Attorney General (later Chief Justice) John Hill telling our entering class at UT Law School that one of his secrets to success in the law was ¡¥intelligent postponement.’ We all must learn to prioritize logically, intelligently, and with common sense.”
Readers are encouraged to suggest future topics of interest for “Tips from the Trenches.” Please contact the author at apaterson@brsfirm.com with any suggestions.