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Is Pro Bono Work the Key to Getting Experience?

By Lisa F. Geherin posted 08-03-2015 15:45

  

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

 

 

 

 

 

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