Generation J.D.

At the Maryland Conference of Bar Presidents hosted by the MSBA this past weekend, I was sitting at a conference table discussing something bar related with a group of attorneys, including a couple members of the bench.

When I started this thing that I call “my legal career,” I took the position that, no matter what you ever wanted to call a jurist, the only appropriate names include Judge or Your Honor. During the course of this meeting and during the course of the Conference, several participants in conversation with or about judges would identify them by their first name. That got me thinking: When is it appropriate to call a Judge by their first name?

I asked around during the conference to see if there exists a general consensus. Much like a flow chart, the answer to this very question depends on several variables. If you are married to the jurist, you can call him or her by their first name. If you were friends with the judge before that person was elevated to the bench, then using their first name in personal conversation is appropriate, but not in social settings where others may overhear. Another colleague of mine married the daughter of a sitting judge. Even at casual family dinners with the family, he refers to his father-in-law as “Judge.”

For young lawyers, however, the answer is always the same: never. You probably did not know the Judge before he or she was appointed to the bench (except in situations where they are a family friend). You probably are not married to a judge (if you are, this is the lone exception for young lawyers). Most judges will not call you out for referring to them by their first name, probably a result of the judicial temperament that they have developed over the years. But its tacky…. and name dropping ….. and disrespectful.

Even if you clerked for the Judge or the Judge herself has said “call me Jane,” there is never a really appropriate time for a young lawyer to call a member of the bench by her first name. Maybe, one day, some of my friends or colleagues will become judges and I will feel comfortable calling them by their first name, but until then, it will always be “Your Honor” to me.

Powered by Bookmarkify™

For better or worse, taking a case to trial is a lot like going to war.  Once it’s clear your case is not going to settle, and you are proceeding to trial, the proverbial gloves come off.

For a young litigator, this experience can be overwhelming and daunting, especially the first few times you go to “war.”  Because our civil justice system promotes settlement out-of-court, it’s possible for young litigators to go as many as five years before experiencing a lengthy and hotly contested civil jury trial.  Unfortunately, law school does not truly prepare young litigators for this onslaught.

So, for those of you out there who have are gearing up for your first trial, below are some practical tips to help get you through the experience.  While these tips are particularly germane to medical malpractice trials, they should have universal application.

1. Sleep! - As soon as it looks like your case is going to trial make sure to get as much extra rest as possible.  Because so many unexpected issues come up in the course of a trial, many trial nights are spent preparing for the next day.  This can result in little to no sleep in between trial days.  Essential to combating exhaustion is making sure your reserves are plentiful by getting extra rest in the weeks leading up to trial.

2. Advanced Preparation - If the amount in controversy is significant you will most likely be “second chair” to a more senior litigation associate or a partner.  You can expect your superior/partner to want you to do most of the pre-trial “grunt” work (i.e., jury instructions, voir dire, motions in limine, etc.).  To get a leg up, start preparing those documents a little ahead of schedule.  If depositions haven’t been summarized;  start summarizing.  Forecasting what your superior/ partner expects of you and starting to work on it ahead of time is beneficial for two reasons: (1) it should balance your workload out a bit; and (2) it’ll make you look good for being a few steps ahead of your superior/partner.  It should go without saying that knowing your case inside and out will help your superior/partner handle the bigger activities (i.e., opening and closing, cross examination of key witnesses).

3. Make nice with the court reporter and judge’s law clerk – Unexpected surprises are guaranteed at every trial, and having a little extra help around can’t hurt.  It’s likely that your superior/partner is going to be too distracted to have any key interactions with the court reporter or law clerk.  Thus, it is imperative that you make friends with these two people either in advance of trial or on the first day of trial.  The judge’s law clerk, especially, will be able to give you some tips on the judge’s propensities and disposition.  Having this information can be beneficial to you and your superior, and could very easily help you win a big legal battle that arises during trial.

These are just a few tips to make going to your first couple big trials a little easier.  A good euphemism would be to call it “Basic Training.”   Good luck, soldier…

Powered by Bookmarkify™

So, I am writing this post on my 29th birthday, and I have come to a realization that one of the largest hurdles I face as a “young” attorney (and believe me, there are a ton!) is, in fact, my age.  And, I am quite sure that I am not the only one who shares this feeling. You get to the point in every case where you know the facts inside, and out… you know the governing statutes… you’ve briefed the cases that establish the relevant standards and precedents… BUT… you know that opposing counsel looks at you like a starving dog salivates over a T-bone.

Now, how do you change that perception of inexperienced, green rookie to respected opponent?  Good question, right?

The only answer that I have uncovered is “confidence!”  You wouldn’t be where you are today if you hadn’t impressed someone, right?  Chances are, you know that case as well as, if not better than, opposing counsel.  You know that its these first few years that create the reputation that will follow you throughout your career.  So…don’t question yourself, and don’t be intimidated!  Odds are, opposing counsel is more nervous about being out-lawyered by a rookie, then you are about being in the game!

Powered by Bookmarkify™

Due to an unforeseen computer malfunction, I recently found myself at the office without use of my computer for about an hour.  As I looked over my to-do list, I was struck by a feeling of utter helplessness as I tried to figure out which tasks I could attack without the use of a computer.  Quickly realizing that the answer was none of them, I pulled from my drawer an ancient relic of lawyering past …the dictaphone.

I was given a tape recorder dictaphone when I first started at my firm and was told that I was welcome to use it to dictate letters, motions, memoranda and the like.  At the time, it fell somewhere between the mimeograph and manual shepherdizing on the Lawyers’ Scale of Antiquation.  I put it in my drawer with those tiny tapes and forgot about it.  But as I sat at my desk waiting for my computer to be fixed, I realized that my dictaphone might be the only way to get any work done, so I pulled it out of the drawer.

I re-familiarized myself with the workings of a cassette recorder because I have not operated one since the last time I listened to Weird Al Yankovic.  I quickly realized that this lost art is a skill.  In the computer age of ctrl-c and ctrl-v, dictating a letter coherently, all the while speaking your punctuation, proved more difficult than I anticipated, and this was just an update letter to my client.  I thought about the stories of partners dictating motions and appellate briefs, and I gained a newfound appreciation for this long-lost talent.

Ultimately, I finished my letter and it only took three times longer than if I had typed it myself, a billing entry I am sure my client will appreciate.  Shortly thereafter, my computer was fixed.  After logging on, I clicked that little “W” icon on my Start menu’s Quicklaunch bar and felt a strange sense of relief.  I enjoyed my brief foray into dictation and my opportunity to consider my chosen profession’s digital history.  Unfortunately, I do not think it will be something I try again any time soon. Now, if I could only find a legal assistant who knows how to take dictation…

Powered by Bookmarkify™

I have to admit, I am still very skeptical that social networking can add anything to the bottom line (unless you’re lucky enough to sell ads for your website). But a few weeks ago, all my greatest dreams were realized when we (and by we, I mean my husband, because the potential client was insistent on using a smaller firm) got a referral through facebook.  Allright, not really the realization of my greatest dreams. . .

Admittedly, the fees were pretty small (I think about $1,000), but perhaps this is a window into the future of referral networks? Will people start posting requests for lawyers on facebook and twitter?

It certainly worked in this instance — an old college friend posted this on facebook: “Looking for a solo practitioner or small firm to handle a TRO in Annapolis. Anyone have any suggestions?” He received a number of responses, including mine. Lucky for my husband’s firm, I was the first to respond.

Now I’ll just wait for the day when this comes across my twitter feed: ”Looking for a real estate lawyer in Baltimore to handle a mixed-use development project”.  A girl can dream, can’t she?

Powered by Bookmarkify™

The 2009 session of the Supreme Court of the United States, or SCOTUS for short, began with a case argued by Maryland’s Attorney General and a Maryland Public Defender.  Maryland Attorney General Douglas F. Gansler and Assistant Public Defender Celia Anderson Davis had the distinction to be the first case heard this year before the nine justices on a case involving a defendant’s constitutional rights to his right to counsel, after they were invoked more than two years before the questioning.

Two days later, I am in the Supreme Court, eating bacon, eggs, and home fries before my first time before the nine justices that sit on the nation’s highest court.  Let me clarify, I am not there to argue.  I don’t think I would have been able to eat anything, less a meal that included crispy, cooked to perfection bacon.  I am there as part of a group of Maryland lawyers (through the Baltimore County Bar Association), to be admitted to practice in the Supreme Court.  I know what you are thinking — What are the odds that Michael Siri will ever have a case before the Supreme Court?  My answer — most likely never, but the trip and the experience is certainly worth the time and expense.

On the day of the swearing in, we arrive at the the Supreme Court, eat breakfast, meet Congressman Dutch Ruppersberger (who will move our admission into the Court), and we are then whisked away into the courtroom.  Our seats are less than 10 feet from the trial tables and 20 feet from the bench.  Unlike my experience with other courts, the Justices take the bench at exactly 10:00 a.m., the time we are told everything will start.  The atmosphere is surreal, the place is packed (I eye Nina Totenberg from NPR in the press box) and suddenly court is in session.  We are quickly admitted as members of SCOTUS and the real fun begins — oral arguments.

We know we are going to hear Salazar v. Buono, which asks whether a cross erected as a memorial within a California national park is constitutional, and one of the hottest cases before the Court this year.  We have all heard about the demeanor of the justices and the precision in which they craft their questions.  It is another thing to actually be there and watch.  All in all, it’s one of those days that makes you feel good about being an attorney.  My advice to any young lawyer — gain admission to the SCOTUS, if not only for the experience, but for the breakfast.

Powered by Bookmarkify™