My piece of advice for the day — get out of your comfort zone!

For some folks, this means going to and participating actively in networking events.  That’s always been within my comfort zone.  What’s always been outside of my comfort zone is public speaking.

I learned this early on when I had to participate in mock trial in law school.  Well, actually, it started at my Bat Mitzvah, where I was so nervous that beforehand I was advised to picture everyone in the synagogue in their pajamas. . . I did a fine job (at both my Bat Mitzvah and at the mock trial), but boy, was I nervous. And when I’m nervous, particularly when I’m nervous because I’m speaking in public — I get ulcer-like feelings in my stomach.  Just not a pretty picture.

And so, I became a transactional lawyer.  I just knew my stomach wouldn’t hold up to litigation.  And then I had my first public speaking opportunity — and my second, and my third.  The first one was a bear.  And so was the second.  And the third.  But the fourth, well, it was a little better, and each time thereafter was easier and easier.

And then, lo and behold, earlier this week — speaking in front of a room of clients and colleagues — for the first time (11 years after that first mock trial experience), I wasn’t nervous.  No stomach pains, no being flushed.  I just got up there and did it.  I actually kind of forgot that I was speaking in public.  And no one was wearing pajamas.

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Probably the toughest part of being a new lawyer is learning when and how to delegate. Like the business side of practicing law, this is one thing that law schools do not prepare you for. It can be even more difficult when you have been practicing law for about 5 minutes, and your paralegal has been there for 20 years or so. The problem is complicated because, in many cases, law school does not teach you to practice law, either. So, you depend on your paralegal to show you how to draft a subpoena, what discovery responses look like, etc…

When I was brand new, I remember holding a draft letter, petrified to take it to my paralegal for editing and “to put in final.” I was unsure of myself, unsure of our respective roles (should I be finalizing letters myself? Does she have better things to do than proofread my letters?), and unsure of the best uses of our time. I did a lot of second-guessing in those days. I would frequently be found making my own copies, and my senior partner would pass by and ask me what I was doing. I’d tell him, and he’d gently let me know that my paralegal should be doing that.

The majority of my hesitation was that I did not believe that I was above making copies. I rebelled against a perceived hierarchy—the senior lawyer on the top rung of the ladder, followed by the associate lawyer, the paralegal, and the secretary. Fueling the fire was my knowledge that, as a new lawyer, I had no idea what I was doing, and probably belonged on the bottom rung.

It took a long time for me to readjust my thinking, but it was an important step in my development. Law firms are not (rather, they should not) be about hierarchy. No one is above anyone else, and everyone should be treated as equals. However, some degree of classification is important—people are hired for specific jobs, and there is nothing wrong with fulfilling those job requirements.

My partner would always tell me that he needed me to work on other things (drafting motions and discovery, talking with experts, etc.), and copying and scheduling is a job someone else was hired for. It’s about efficiency—making sure everyone knows what they are supposed to do so it gets done faster and better. It is collaboration. Though, as the lawyer, your end responsibility is to make sure that the work gets done. If you need to be copying or making trial binders, then it ultimately falls on you (a good reason why you should delegate assignments well before their due date).

And, as far as not knowing what you are doing—you’ll get there. I tend to think of it like high school. If you are timid, you will be picked on. If you exude a little confidence, then no one will be the wiser.

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When I graduated from law school and passed the Maryland Bar, Santa (better known as my parents) gave me The Practice Manual for the Maryland Lawyer for Christmas. As I opened the large box containing two large binders I realized that I had finally crossed over into adulthood. The telltale sign: I was elated to receive a work-related present.

Every year since, I continue to work on my ongoing project of getting my personal law library of books, manuals, and treatises to use at work together.  As the 2009 holidays draw near,  I am on the search for my latest acquisition and or request for the holidays.

I know many of us have access to a law library at our firms but for those who do not, building a working library can be a daunting task for a young lawyer. Even if you do have access to a law library at your office, it does not hurt to have your own copy of the “classics” like the Maryland Rules. Chasing down a rule book can be a pain when working on something time sensitive such as a motion or injunction and there is a need to reference a specific rule. When I clerked, the Honorable Ronald B. Rubin of the Montgomery County Circuit Court consistently stated the Maryland Rules and the Maryland Rules Commentary as invaluable resources and that every lawyer, young and seasoned, should bring the Rules with them each time they go to court.

The Micpel website has become one of my most visited bookmarks and an important source of great books like Anatomy of a Trial by Paul Mark Sandler and Murphy & Grimm’s Comparative Guide to the Maryland and Federal Rules of Evidence. The Maryland Law Encyclopedia, the Bluebook or ALWD citations manuals, and the Defense Counsel Training Manual by the International Association of Defense Counsel were named as some of the top books to have and use by the Maryland lawyers in my office. Of course, the books that will help you in your specific practice will vary by area. The point is to find those books and start building the foundation for a great library early.

If you participate in Secret Santa or some other holiday gift giving exchange, or will be treating yourself this holiday, don’t hesitate to ask for or purchase something for your law library. It will aid your practice of law for years to come and will be a worthy investment in your career and value as an attorney. I’ll be putting The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide by Thomas E. Spahn on my wishlist.

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On Sunday afternoon, the Baltimore County Bar Association sponsored a guest bartending event at Christopher Daniel restaurant in Timonium.  The event was held to raise money for the Robert Packard Center for ALS Research at Johns Hopkins, and to support Mike Radcliffe (pictured below).

Approximately 150 judges, attorneys and friends packed a private bar at the restaurant to support Mike in his fight against Lou Gehrig’s Disease, and to cheer on the Ravens.  Christopher Daniel’s generously donated a portion of the food and beverage sales, as well as the tips collected by the BCBA’s guest bartenders.

Mike is a long-time member of the BCBA, and a person I am privileged to call my friend.  I met Mike about 7 years ago through mutual family friends while tailgating at a Ravens game.  He immediately became a psuedo-mentor… someone that was always approachable.  He’s still my go-to source for answers to “dumb” questions.  And while his responses might be preceded by a chuckle, or two, his answers are always sincere and extraordinarily helpful.

Aside from the Ravens loss (which was particularly devestating to this writer), the day was a complete success!  Drinks were flowing… raffle tickets were sold… and funds were heading to the Packard Center.  But, the best part to me, was the incredible turnout of young lawyers at this particular event.  Understanding the incredible value of “time off”,” the fact that this group showed up on a beautiful Sunday afternoon in support of a great man and a great cause spoke volumes of their collective character.  It reaffirmed my sentiment that lawyers are always there to lend their support to others… especially in their times of need.

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Earlier this year, the Philadelphia Bar Association’s Professional Guidance Committee was requested to offer its advisory opinion on a novel issue involving social networking sites and witness background investigation.

The question was whether a lawyer could, within the bounds of the Rules of Professional Conduct, ask another person to contact a witness on Facebook or MySpace in order to “friend” them and gain access to the information on their personal profiles.  Its opinion, issued in March, can be found here. (Special thanks to Joseph A. Hennessey of Beins, Goldberg, & Hennessey, LLP for recently forwarding this opinion to the MSBA Litigation Email List).

The situation about which the opinion was written involved a lawyer who had deposed an independent witness whose testimony was adverse to his case.  During the deposition, the attorney learned that the deponent had personal profiles on both Facebook and MySpace.  He accessed those sites to view the profiles, but access was limited to “friends” of the witness.  The attorney wanted to know the ethical implications of having a third party “friend” the witness on Facebook and MySpace for the sole purpose of gaining access to her personal profiles.  The attorney hoped to use the information on the profiles against the witness at trial.

Though non-binding, the Committee opined that the proposed conduct would violate Rules 8.4 (Misconduct) and 4.1 (Truthfulness in Statements to Others) of the Pennsylvania Rules of Professional Conduct.  Those rules prohibit “conduct involving dishonesty, fraud, deceit or misrepresentation,” and the making of “a false statement of material fact or law to a third person.”  It does not appear that the Maryland State Bar Association’s Committee on Ethics has yet addressed a similar issue.  However, Pennsylvania’s relevant Rules of Professional Conduct are identical to Maryland’s, so it is likely Maryland’s Rules would similarly prohibit such conduct.

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When I was a brand-new associate, I was working with two other very experienced lawyers (Rob Jenner and Ben Glass) on a wrongful death case. We represented the family of a man who was driving home to Virginia from an Orioles game. On I-95, he died instantly when he collided with a tow truck that was stopped in the lane of travel with no lights on.

I had primary responsibility for working up the case. As we got closer and closer to trial, we needed to digest the file into workable notebooks, so everything related to the case was easy to find and use in court.

I had never seen a trial notebook before, and there were so many possibilities for organizing the materials that I was paralyzed with indecision. The case seemed so huge at the time, and I had developed such a close relationship with the plaintiffs that I wanted to do a great job for them. Of course, by the time we were ready to create a notebook system, we were only a few days away from trial (with a billion other things to do). So, Rob sat me down and went through his framework for organizing trial binders. Read the rest of this entry »

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