At a recent
ICLE Litigation Advisory Board meeting, several board members mentioned how
difficult it was for newer associates to get good litigation experience. Time
and again, clients are demanding that partner-level attorneys handle their
matters almost exclusively, arguing that it is too costly to bring a less-experienced
attorney up to speed, even at a lower hourly rate. One law firm even offered to
have a new associate sit second chair at an upcoming trial while the firm
absorbed the entire cost—but the client refused.
While this
may seem like an extreme example, getting solid litigation experience, such as
taking expert depositions, drafting and arguing summary disposition motions, or
preparing for and even going to trial, is difficult. So how can newer attorneys
get this much-needed experience? Digging in to pro bono work may just be the
answer.
Pro bono work will help you
understand the sheer mechanics of taking a case from start to finish. One of the first things a lawyer
should learn right out of law school is when and where to file pleadings and
discovery. Taking a case from the beginning requires the lawyer to dig into the
court rules and rules of civil procedure. Even if you work for a big firm or
have your own legal assistant, getting this experience is invaluable.
Pro bono work will build litigation
strategy and judgment. A common complaint ICLE hears from newer attorneys is that they lack
experience in understanding where to take a case, when to consider settling,
and when to push ahead to trial. Again, pro bono cases can help new lawyers
develop a sense of good and bad facts, how to size up a witness, and how to develop
a theory of the case.
Pro bono work will help you develop people
skills. A common
complaint I hear from experienced attorneys is that newer attorneys need civility
lessons. In my view, the more experience a lawyer has, the more civil he or she
usually is. There are exceptions to this rule, but in general, the more secure
you are as a practitioner, the less likely you are to prove your worth as an
attorney by playing hardball, refusing reasonable time extensions, and just
being difficult. The more opportunity you have to work with judges, clients,
witnesses, and opposing counsel, the more you realize that treating people with
respect can actually make your work a lot more efficient and enjoyable.
Pro bono cases will improve your
litigation skills. There
is no substitute for working through an entire case—filing the pleadings, drafting
the discovery, taking the depositions, arguing the motions, attending
settlement conferences, and preparing for trial. And just like anything else,
the more often you do it, the better you’ll get.
Now I
realize that new lawyers need to have paying clients as well, but peppering in
a few pro bono cases each year will give you the experience you need to get
those paying clients. And, perhaps more importantly, it will make you feel good
in the process. Need more pro bono inspiration? Check out these stories.
Brian
Albrecht
Donna Campbell
Michael Lundberg