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Attorney
By
Attorney
Career Profiles of the Profession
Who?
Name:
Hon. James B. Durkin
jdurkin@pretzel-stouffer.com
What?
Primary Practice Area & Subspecialty Fields:
Professional Liability, Community Property, General Litigation.
When?
Years in Practice Area:
Since 1997
Years in the Legal Profession:
Since 1990
Where?
Employer:
Pretzel & Stouffer, Chartered
http://www.pretzel-stouffer.com
Size/Sector:
Medium, Private
City/State:
Chicago, IL
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Law School:
The John Marshall Law School, J.D., 1989.
Undergraduate School/Degree:
Illinois State University, B.S., 1984.
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Why?
Pluses/Challenges of Practice Area:
Plus: This is an ever-changing area of law. I can say firsthand that there is a constant evolution process which is continuing within the individual state legislatures, particularly in the civil procedure and ethics areas. If the republican party is successful in gaining control in a state legislature, you can expect significant changes in the areas of insurance law, particularly when it comes to limitation of liability (tort reform).
Challenge: The market is becoming very competitive. Some clients, looking to lower their rates, seek alternative counsel even though their new counsel will not do as competent a job as their current counsel.
Core Skills/Key Knowledge Needed in Your Practice Area:
Regardless of your practice area, you need to be prepared when you go into a deposition or court. You cannot fly by the seat of your pants.
Legislatures are becoming more proactive. A skilled practitioner will follow hot-button issues that will affect the industry. It is also important to follow the legislative process so when laws change quickly, you will have the competitive edge over your adversary. For example, while arguing an insurance broker error and omission case, I found that my adversary was unaware of the lowered standard of care. This can embarrass a practitioner. I knew the standard firsthand and was able to recite it to the judge and to opposing counsel.
Advice to Lawyers and Law Students Interested in Your Practice Area:
If you have a desire to practice in this area, find a firm where you can get your feet wet before the file gets thrown on your desk. There is a world's difference between the District Attorney's office and a private firm. Encountering the billing pad later on in your career can be a traumatic experience. Those that serve as summer associates and law firm clerks know more about what to do without asking than their District Attorney counterparts.
Also, join the bar associations. They are the best ways to keep up with legislation. It is also wise to review the literature of the sections dedicated to the legislature.
How?
Career Path to Current Position:
I started at the Illinois Attorney General and moved on to the Cook County State's Attorney before I came to Pretzel & Stouffer. I have been a Member of the Illinois House of Representatives since 1995. In the House, I serve on the Committees on Appropriation-Education (Minority Leader), Energy and Environment, Financial Institutions, Pensions and Personnel, and Prison Management Reform, where I serve as the Assistant Floor Leader (1997-Present).
I also serve on the Misericordia-Heart of Mercy Home Board of Advisors, and have been serving since 1996. I recently joined the Board of Directors for Giant Steps Autism School.
Influences and Mentors:
I come from a family of seven, four of which are lawyers. My brothers have been the strongest influences in my life. I aspired to follow in their footsteps.
Job Search Techniques Used in Finding Your Position(s):
The traditional "door-to-door" strategy. I found confidence, not over-confidence, important. My position in the House was a selling point, as well as my trial experience (I left the State's Attorney's office after trying over 100 cases, which showed I was not afraid of the courtroom).
Treat the job search process like any other job. You need to sell yourself, so don't just say, "Here's my resume." Interviewing is key. Know how to answer the question, "Why are you going to be an asset?"
No matter what you do, do not let rejection discourage you. Do not take it personally or as an insult. The market is extremely competitive.
Suggested Reading About Your Practice Area:
In Illinois, IICLE (Illinois Institute of Continuing Legal Education) is the best way to stay current with caselaw.
Bar Affiliations and Activities:
CBA; ISBA, Special Committee on Court Funding, 2001-; and ABA, Speaker at the 2001 Annual Meeting Forum by the Criminal Justice Section.
Recent Professional Presentation:
Columbia School of Law, New York, regarding the Death Penalty (March 2001).
Memorable Career Moment:
Trying my first jury.
Intriguing Interests:
Family. I'm waiting for my wife to give birth to our child in September.
Public Speaking. I also enjoy a lot of public speaking. I will be a Commencement Speaker at graduations this year.
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