Generation J.D.

Jury trials are scary.

But, the first years of my career (an experience I treasure), they were few and far between (and, I was never higher than 3rd chair).    I recently took a position at Miller & Zois, where I have the opportunity to get into the courtroom with more regularity, and more responsibility.  My first “1st-chair” trial was about a month ago–a slip-and-fall case against the State of Maryland.  Everything went right–my opening and closing PowerPoint presentations went off without a hitch; my client did a terrific job of presenting the difficulties she encountered with her broken ankle; and the most frightening part of all–cross-examination of the defense public safety officer, went surprisingly well (maybe something to do with the fact that he was medicated and seemed a little out of it…).  That trial was a resounding win for my client, and I thought, “I can get used to this.”

So, on the heels of my 100% win ratio, I had my second jury trial in Baltimore County this week.  Completely solo.  A motor tort case, it seemed to go well, overall.  My client did well on direct, and I thought he held up very well during cross-examination, despite taking hits for “inconsistencies” in his deposition testimony and medical history.  Then, the jury who had been giving us the evil eye the whole trial was stricken as the alternate, and deliberations began.

25 minutes later, we had our answer–injuries were caused by defendant’s negligence, client was awarded zero for past meds (out of $4,500 requested), $360 for miscellaneous property damage (full amount requested), and zero for non-economic damages (we certainly asked for more than that!).  The jury’s message seemed to be:  ”We think your client is faking his physical injuries.”  It was a little surprising, especially after the judge privately told counsel that she thought he came off as very credible and “not your usual auto plaintiff.”

Of course, friends are supportive in times like this.  Some told me the case had problems, and wasn’t destined to be won.  My senior partner, infinitely more experienced at this than I am, e-mailed me after the trial and said, “Win some, Lose some.”  It’s true, but it doesn’t make it any easier.  You have to believe there’s something you could have done differently, some turn of phrase or some additional witness, who could have brought a better result.  Otherwise, what are the lawyers for?

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I will never forget the first time I deposed an expert witness.

I had been out of law school for a little over a year, and here I was being sent to go “toe-to-toe” with a physician who had been practicing medicine infinitely longer than I had been practicing law, and who most certainly was in disagreement with my theory of the case.

The word “intimidated” would have been putting it mildly. My fear turned to panic when I walked into the deposition room and I realized I knew the expert witness. He was a family friend whom I had known since I was a child! Despite my anxiety, I did my best, and actually took a great deposition.

Any young litigator will eventually encounter a similar situation. Most of the time, no matter how much you prepare, an expert is going to know more about the subject matter than you. On top of that, the majority of expert witnesses you encounter will be seasoned deponents, giving them another leg up. All you can do is take an appropriate amount of time to prepare, know the record, and go into the deposition with the mindset that you are going to have a nice “conversation” with Mr. or Ms. Expert Witness.

Just remember the odds are pretty slim that your first expert deposition will be of your uncle’s best friend – like mine was.

I still haven’t lived that one down…

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I have to admit, I was really late joining Twitter; not only that, but my mother was on it first and tweets more than I do.

While I have joined the Twitter nation, I am still unsure about the best way to integrate it into my professional life.  Providing constant updates to the world has its pros and cons just like any new technology, however it was HBO’s Hard Knock series with the Cincinnati Bengals that made me more cautious about tweeting.

I watched the show and started following a few players from the Bengals and players from other teams. One recently tweeted that the NFL was considering banning players from using Twitter. At first I thought it sounded completely offensive; was this an effort to stifle an athlete’s voice?

Then I started following Chad Ochocinco.  Mr. 85 is a Twitter fiend and was shown tweeting while in the locker room, and, I think, during meetings on the HBO show.

As a litigator, he would be a nightmare juror or witness. Could you imagine a frustrated juror tweeting about which way a split jury is leaning, or about evidence they did or did not consider during deliberation? I can only imagine the issues on appeal.

I wonder how long it will be before questions regarding Facebook, Twitter, or blogging become standard voir dire questions. I’ve already seen them in interrogatories.

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If you’re looking for work and frustrated at the local offerings, I’ve got news for you: it doesn’t get better than here.

Via Lifehacker come these figures on job market competition in June of this year. Indeed.com has compared the number of unemployed workers to the number of job postings in the same metropolitan area. If you’re looking in Washington, D.C. – or its surrounding suburbs, I imagine – you’re in luck: at No. 1 on the list, the ratio of job postings to unemployed workers there is 6:1. Read the rest of this entry »

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We’re thrilled to bring you Generation J.D., a blog for young lawyers in Maryland and across the country.

Generation J.D. is a product of The (Maryland) Daily Record, a business and legal publication since 1888.

Our writers will share their experiences starting out in the legal profession and balancing work and family life.

What’s it like to stand in front of a judge for the first time? How do you juggle a new baby and a BigLaw job? And what’s it like behind-the-scenes at a lawyers’ league softball game?

The answers to those questions and more await you! Happy reading.

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