ABA Career Counsel
Your Career Partner on the Web

Attorney By Attorney Career Profiles of the Profession Who? Name: Wayne J. Positan wpositan@lumlaw.com What? Primary Practice Area & Subspecialty Fields: Labor and employment law and litigation (representing management/defense); governmental litigation. When? Years in Practice Area: Since 1974 Years in the Legal Profession: Since 1974 Where? Employer: Lum, Danzis, Drasco, Positan & Kleinberg, LLC http://www.lumlaw.com Size/Sector: 30 attorneys (general practice firm with three principal groups: Labor, Employment and Government; Litigation; and Corporate/Commercial) City/State: Roseland, NJ Law School: New York University School of Law Undergraduate School/Degree: Boston University, B.A. Government, magna cum laude Why? Pluses/Challenges of Practice Area: The area of employment law, which includes civil rights and discrimination litigation, trade secret and restrictive covenant litigation, and a variety of other statutory and common law claims, has grown immensely in the last 25 years. There has been a continual evolution of statutory and case law. Since the subject matter always involves interaction between people in the workplace, there are all sorts of permutations that occur in the situations we deal with. No case is quite like the last one, and just when you thought you have heard it all, there is always a new twist. Core Skills/Key Knowledge Needed in Your Practice Area: Basic courses in Torts, Evidence, Labor Law, and Employment Law are absolutely essential. Advanced courses in labor and employment law, damages, and trial practice skills would be very helpful. Negotiation skills and tactics are also important. Advice to Lawyers and Law Students Interested in Your Practice Area: Fundamental common sense experience in the workplace and "people skills" are very important in this area of practice, as is the ability to assess how juries would potentially react to the factual scenarios and theories of liability and defense that unfold. The labor and employment attorney must be very conscious of the dynamics of the workplace and utilize analytical skills to assess the true mechanics of what occurred, and how the overall situation would appear to a trier of fact. How? Career Path to Current Position: I joined our firm as a summer associate and became an associate in the defense litigation department. I switched to the labor law department when the influx of work in that area led to a need for more associate support. As the practice grew, my position evolved from partner to practice group leader, and eventually to Managing Partner. I got involved in the New Jersey State Bar Association Labor and Employment Section, where I developed and spoke on programs. I became a member of the Section Executive Committee, and eventually Chair of the Section, then a member of the Board of Trustees of the NJSBA. I simultaneously got involved in the ABA Section of Litigation Employment and Labor Relations Committee and eventually became Chair. I moved further into Section Leadership as a Co-Chair of the Section Annual Meeting , a member of Section Council and other leadership positions. I am presently Co-Director of Divisions of the Section. These activities led to my involvement with the issue of multijurisdictional practice, and ultimately to my appointment as Chair of the ABA Commission on MJP. My advice to law students and recently admitted attorneys: Specialize in an area of practice and get involved in the organized bar on the county, state, and ABA level in activities that complement your area of practice. Take advantage of the many opportunities to participate in a meaningful way. Influences and Mentors: Ralph Bischoff, my Torts Professor at NYU who taught me how to think like a lawyer; Graham Hughes, my Criminal Law Professor at NYU, who awed me with his command of the English language; Bill McGuire, my first supervising partner in the defense litigation area, who taught me the importance of involvement in the organized bar and how to conduct myself as a lawyer and professional; Ron DeMaria, who taught me the practical fundamentals of labor law; and the many great judges and attorneys I have had the pleasure of working before, for, with, or against in cases, and those I have had the pleasure of interacting with in my various organized bar activities. There is always something new to learn or modify your thinking on how you do things. Suggested Reading About Your Practice Area: The Developing Labor Law (ABA); Employment Litigation Handbook (ABA Section of Litigation); McElhaney's Trial Notebook (ABA); "73 Ways To Win" (ABA Section of Litigation), a VCR tape which covers the spectrum of litigation tips from 73 accomplished attorneys from the Section leadership. Job Search Techniques Used in Finding Your Position(s): As a law student, I utilized Martindale Hubbell, the law school placement office, and personal family contacts. If I were doing that today, I assume I would utilize NALP and other on-line data as well. Bar Affiliations and Activities: I am a member of the Essex County Bar Association, New Jersey State Bar Association, Association of the Federal Bar of the State of New Jersey, ABA Section of Litigation, ABA Section of Labor and Employment Law, and the ABA Tort and Insurance Practice Section. I also serve as Chair of the ABA Commission on Multijurisdictional Practice (MJP), and Co-Director of Divisions for the ABA Section of Litigation. I am a trustee for the New Jersey State Bar Association. I am a Fellow of the College of Labor and Employment Lawyers (1996), and have been selected as one of the "Best Lawyers in America," Labor and Employment Law (Woodward and White), and honored with the Essex County Bar Association Professional Achievement Award (2001). In the past, I served as Chair of the NJSBA Labor and Employment Section (1995-1997), and Council Member for the ABA Section of Litigation (1997-2000). Recent Professional Publications: Editor-in-Chief, "New Jersey Labor and Employment Law" (NJ ICLE, 1998 and 2001 Supp.); Board of Editors: "Jury Instructions in Employment Litigation" (ABA 1995); Co-Author, "Special Evidentiary Concerns" Chapter of Employment Litigation Handbook (ABA 1998); "Employment Defense Theories" Audio-Visual Presentation in the ABA Section of Litigation VCR tape, "73 Ways To Win"; and Co-Author, "Employment Torts" Chapter of "Business Torts Litigation" (ABA 1992). Recent Professional Presentations: I am the Organizer and Moderator of New Jersey Institute for Continuing Legal Education Annual Labor Law Forum and Bench Bar Conference. I was also a speaker on Multijurisdicitonal Practice issues at the Conference of Chief Justices Mid-Year meeting in Baltimore; the ABA Antitrust Section Annual Meeting in Washington, DC; the NJSBA Mid-Year Meeting in Monaco; and at other hearings and roundtable discussions conducted around the USA by the ABA Commission on MJP. Memorable Career Moment: Standing before 42 Chief Justices at the Conference of Chief Justices to update them on the efforts of the ABA Commission on Multijurisdictional Practice. Intriguing Interests: Watching the New Jersey Devils win more Stanley Cups; the BU Terriers win more Beanpot Hockey Championships, improving my golf game; and going saltwater fishing! (Rooting for the Red Sox to win the World Series may be a bit too much to ask for!)