I looked up yesterday and realized I have been out of law school for a year already – and I have been licensed for almost 6 months. Now, that does not seem that long to you veterans but, as with all things, time flies. I took a few moments to reflect on the lessons I have learned and the progress my practice has made in this short time.

First, the structure and setup I have spoken about in previous columns is working. I write informal notes as thank-you notes and the like nearly every day. I make an effort to complete a marketing task (usually the most fun thing I do all day) every single day (even weekends). QuickBooks is great for keeping track of fees and expenses from office supplies to mileage.

I am getting clients on my own and as referrals from other lawyers. I knew it would work this way; I am just amazed that it does.

Second, I actually am practicing law. That may seem like a silly thing to say but when you are working hard and things get going, you may not have all the time you want to reflect on what you have accomplished. I “got” my first trial win – unanimous jury verdict – in April. It was just a JP court out in the country and the take wasn’t near the upper jurisdictional limit of $10,000, but I got it and now I am in the enforcement phase. (Remember a judgment doesn’t mean anything if you cannot collect!).

Now, I am trial counsel for a case in “big boy” court – District Court down in Dallas. It is a shock the first time you have a hearing down there in the city. I had a good hearing on a Motion to Strike an amended pleading and did great – one of the lawyers waiting for a hearing followed me out and was very complimentary…he could not tell it was my first time in that kind of a situation. We are in trial next week and have most all of our ducks in a row – motions in limine, jury charge, final motions, trial notebooks for all (exhibits and current pleadings), etc. This is real business and real money (I am defending a client who faces a claim for $100,000 in damages). Again, there are bigger cases out there but this one is my big case.

I have the advantage of having cut my teeth out there in the country and I had some great internships while in law school so many of the skills you need to get a case to verdict (like jury selection and motions for directed verdicts) seem easy to me but I know I’m still a toddler in the profession and that keeps me on my toes all the time.

What is not easy is actually doing it – the first time is always a little nerve-racking. When I get nervous, my mouth gets dry so I have to drink a lot of water (all athletes have to stay hydrated). However, I am taking comfort in a few things that are going on…there are some surprises in this process.

Judges do not know or care how long you have been practicing or where you went to law school. They judge – are supposed to anyway – on the law. If you are right on the law, you will win more than you lose. Our judge is a serious and rule-based fellow so that is good for us.

1. Opposing counsel does not care either. They will treat you the way they treat everyone else in their life. In my case, opposing counsel is insufferably obnoxious…which gets tedious after awhile. He will not agree to anything – even the smallest accommodation. As a result, I find myself holding his feet to the fire on every little detail. I found myself sending a fax instructing him to enumerate photo exhibits that he designated as a group otherwise “I would move to strike…” – about 5 minutes before the end of business, he sends the updated exhibit list. It cost him time to do it and, despite myself, I enjoyed the fact that he responded. It is a small thing and somewhat ridiculous (I am being polite no matter what)…but you have to have some fun.
2. There are a huge number of amateurish things going on around here. It is remarkably easy to learn and do better than others you see in this environment. Whether they are lawyers, firm staffers, or court staffers, you – at this early point in your career – very well may know the rules and procedure better than those with more years under their belt. Take advantage of that now because your understanding of the rules – and the changes – may never get better. Small things, like when discovery can be supplemented, when amended pleadings can be filed, and when you file a motion and remembering to actually SCHEDULE the hearing…veteran lawyers forget this stuff – pay attention and you can get an advantage with small things like this! As always, be polite (especially to the court staffers).
3. Those around you will be amazed if you work hard and prepare completely. Small things matter. For example, I always take four copies of everything when I prepare (my copy is on colored paper so I can put my notes on it without risking giving my notes to the Court or opposing counsel). Early on, you may not have all the technique you want so the details will help compensate for that. For example: when our pretrial conference information sheet is due (Texas Rule 166 requires a “cheat sheet” be filed with a list of witnesses, summary of the case, estimates of time needed, etc.). Will opposing counsel remember the deadline and file? Alternatively, will his case be dismissed for want of prosecution? We are ready no matter what…our witnesses are rehearsed, our exhibits are ready, and we know how the projector works in the courtroom. Small things matter.

I have cut my teeth as a litigator and now I am hungry. By this time next month, I will have a result (either by settlement or verdict) – I will update with the result in my next column and then will get back to the topics that are most relevant to non-trad law grads…starting with how committed you are to practicing law as a solo and how much you should worry about your “dream job” that may be out there somewhere.

The question for today: why am I meeting with a corporate executive about a position in their contract negotiation division, how did I get that offer when I wasn’t even looking, AND how persuasive is a six-figure offer?

For today, I am a non-trad law grad and a practicing (rookie) litigator. How great is that?