40

 

Today, I am 40 years a lawyer. Along with USD law school friends and fellow brand-new lawyers, I was sworn in as a lawyer on this day in 1983. Four decades! It sure doesn’t seem that long, that is until I start thinking about specific cases, events, wins, and losses, many of which happened decades ago! Frankly, it sometimes seems like I only recently figured this whole thing out and came into my own as an effective litigator and trial lawyer. 40 years, amazing!

To which my fellow solo/small firm trial attorneys will surely relate, I have run the gamut of cases, clients, and events in my 40 years:

–              from big, complex, “bet the company” cases to silly little cases that good clients wouldn’t let go;

–              from big wins to unexpected losses;

–              from a $100M+ action against Mexico under NAFTA to simple-as-it-gets actions for money on promissory notes;

–              from months long jury trials to one-hour bench trials;

–              from dispositive MSJs to inconsequential motions to compel discovery that will never be of any use at trial;

–              from ESI-heavy business cases requiring use of sophisticated e-Discovery software to “back-in-the-day” cases involving a banker’s box of documents;

–              from large sophisticated institutional clients to Mom-and-Pop shops and individual clients;

–              from wonderful thoughtful clients to slippery shady ones;

–              from clients who are now life-long friends to a few who are most decidedly not;

–              from $150/hr to $525/hr;

–              from significant published appellate victories to unpublished appellate losses;

–              from cases where I made good chunk of money to cases where I withdrew and had to eat a good chunk of money;

–              from lucrative, buy something you would never otherwise buy, sock a chunk away, years to pay the bills, take enough home, just keep the train rolling down the track, years;

–              from cases that were all about the money to pro bono cases that were all about the cause or the indigent client in harm’s way;

–              from cases I stupidly passed up to cases I stupidly accepted;

–              from professional relationships with fine opposing counsels (most of time) to snarky battles with truly awful unethical attorneys (not so often);

–              from solo practice to small firms to big firms, and then back around again;

–              from opposing counsels who are now quite good friends to opposing counsels whom I fought with daily for months and months and never saw or heard from again; and, overall,

–              from the very good (often) to the good (mostly) to the bad (seldom) and all points in between!

And through it all, most every day, most all the time, I have relished and truly enjoyed being a trial attorney, and still do to this day. It’s a great job – not easy, not always fun, often quite difficult, often quite stressful – but its truly a great job.

Over my 40 years, much has changed, but there is much that has not changed about trial practice. At its core, trial practice is much the same as when I started in 1983. We analyze the facts and applicable law of our cases, develop themes, fight for documents and discovery, take depositions, file and argue motions, go to settlement conferences/mediations, work hard to settle cases on good terms, and when that effort fails, we prep cases for trial, stand up before judges and juries, try our cases, and take the victories and loses as they come.

The basics are the same, but much has also changed. Most prominently, how technology has impacted the way we practice law and conduct business. Our complete reliance on computers and software for all aspects of the work; the proliferation of ESI and software necessary to handle it; the ability and expectation that we are always available/always on for our clients and counsel; and, a substantially accelerated pace of practice. In my view, all of this has been for the better. We are in better and more frequent communication with our clients. Software now handles the nuts and bolts of running an office quickly and effectively. Computers and software have dramatically leveled the playing field for solos and small firms to compete with big firms for work. The number of lawyers in California has substantially increased but so has the available work. And, at least for me, the fast pace of litigation and trial practice now is perfect – its suits me, I like it.

“Back in the day”, “back in the day”, “back in the day” – I hear many lawyers regularly talk about “back in the day” as if the practice of law in general, and trial practice in specific, were markedly better “back in the day”. I have fond memories and some great stories from “back in the day”, but I strongly disagree that back then was better than now. It wasn’t.

The business is much more diverse now – not yet far enough along, but demonstrably better than 40 years ago. Firm compositions and environments are very different than “back in the day”. And that changes the practice of law for the better, towards greater diversity and better opportunities for all, every day. Clients have better choices for, and better, more available, information about, their lawyers. They can have better, and more responsive, communications with their lawyers.

Cases move quicker and are resolved much more expeditiously than “back in the day” when cases often ran up against the five-year dismissal statute. Remote work has opened up opportunities and improved the work/life balance of a whole generation of young lawyers. Technology now allows solos and small firm attorneys to effectively compete for, and handle, all but a small percentage of the available work, and to connect with other attorneys to jointly work bigger cases. Big firms are down in the trenches with solos/small firms competing for work like never before in my experience. Technology has substantially lowered overhead and increased profit margins for solo and small firms, and there seems to be no lack of work for litigators and trial attorneys. And, at least for me, trying cases is just as much fun, and just as interesting, now as it was when I first stepped into a courtroom way “back in the day”!

All in all, as much as I like to reminisce over cocktails about “back in the day”, I think this is an incredible time to be a trial lawyer and it will only continue to get better and better.

So, 40, in the books!

How about 50?

Yes, absolutely, let’s go!