Originally published in Student Lawyer magazine, October 2003 (Vol. 32, No. 2). All rights reserved.

Hot Practice

Litigators are in court often, but that's not the full story

ABA Resources on Litigation

by Lisa Stansky

The Litigator: It sounds like an action flick, and being in court can generate just as much heat. Lawyers who choose this path are a unique breed; many can't conceive of doing anything else.

For many lawyers, litigation is more a calling than a career choice. "I couldn't imagine what other kind of lawyer I wanted to be," says Patricia Lee Refo, chair of the ABA Section of Litigation and a partner at Snell & Wilmer in Phoenix. "You have to enjoy people, interacting with people, sometimes outsmarting other people."

Contrary to some pop-culture images, litigators need not have egos in overdrive or a steamroller demeanor. But being tough and having a thick skin helps. When she was a little girl, Refo wanted to be a fighter pilot, but that wasn't a viable career goal back then, she says.

"Some people think of litigators as the most aggressive people they know," says Elizabeth Stong, a partner at Wilkie Farr & Gallagher in New York and recent chair of the ABA Business Law Section's business and corporate litigation committee. Being a creative problem solver is a key personality trait, she says. As such, a great deal of her work involves alternative dispute resolution techniques that lie outside of the courtroom setting, like arbitration and mediation.

There's a line between hostility and opposing points of view, Stong points out. She says lawyers need to remember at all times that cases are about the clients rather than the lawyers hashing things out.

Some litigators see less of the courtroom than you might think. Trial lawyers are the courtroom warriors who get on their feet before a judge or jury. But many litigators are involved behind the scenes churning out the reams of paperwork cases can generate.

Newark, N.J., lawyer Sheldon Finkelstein, co-chair of the Litigation Section's trial practice committee, says students should assess the realities of litigation when considering career options. Litigation is deadline-driven, with the pace often set by courts and the parties, he says. It's about conflict and dealing with people, who can be very pleasant or very unpleasant, he adds.

"Litigation involves a great attention to detail, the ability to prove facts and to apply the law to the facts in a convincing way," Finkelstein says. Being a litigator means probing the psychological components of the actors involved in a case and translating that information into a story that first-time listeners can latch onto, he says.

Finkelstein started out as a prosecutor with Philadelphia district attorney Edward Rendell, now governor of Pennsylvania. "I had wonderful supervisors," he says, adding that he argued roughly two dozen appeals and tried several felony cases in about 18 months.

Litigation is about communication. Succinct, lucid speech and writing are must-have skills, Finkelstein says. His advice: "Read Hemingway."

As for getting court action, your experience will vary with the size of the firm you sign up with, says Jeffrey Brauer, an associate at Cleveland's Hahn Loeser & Parks and chair of the litigation committee of the ABA Young Lawyers Division. "If you are in a two-person firm, I can assure you that you are going to be trying cases within three years," he says.

Don't overlook opportunities outside the traditional courtroom to hone your advocacy skills. The number of arbitrations is on the rise, offering new lawyers opportunities to develop advocacy skills, Brauer says. Like court cases, arbitrations also demand diligent preparation, he adds.

As a new lawyer, Scott Atlas generated a trial docket-and loads of experience-by asking other lawyers for "every sure loser," says the partner with Vinson & Elkins in Houston and immediate past chair of the Litigation Section. "I got a bunch of dog cases," he says. But he wowed colleagues when he beat the odds and won them.

Stong advises students who want to be litigators to visit court as often as possible. "If you have a chance to hear a judge speak, do it," she says. Judicial clerkships also are good experience, she points out, because they offer an inside view of the system.

Because parties can wind up in court over just about anything, many areas of the law have a litigation angle. Civil commercial litigation is a niche many lawyers take. Other areas, like bankruptcy, ebb and flow with overall economic cycles. Intellectual property provides a good mental workout and is fast paced, especially when the practice demands securing injunctions quickly against alleged interlopers.

Criminal law often is a draw to young lawyers eager to get into court. Finkelstein says prosecutor's offices in particular have the dockets and supervisory resources to give new lawyers good grounding in trial skills.

Don't forget to have a life. "You really have to maintain a balance," says Birmingham, Ala., lawyer Clark Cooper, immediate past chair of the Young Lawyers Division's litigation committee. "I could live in my office if I wanted to ... but I'm not going to do it."
The work is hard, but the personal payoff is great. "There is nothing like the adrenaline rush that comes from the first experience of appearing before the trial or appellate court or a jury," Atlas says. "And if you love it, you know it immediately. There is no substitute."

Lisa Stansky (ljstansky@cs.com), a graduate of Yale Law School, is a lawyer and freelance writer in New Orleans.

Are you interested in other fields of law? Read previous Hot Practice columns online at www.abanet.org/lsd/stulawyer.

ABA Resources on Litigation

The ABA Section of Litigation (www.abanet.org/litigation) has committees on a wide array of litigation issues involving specific areas of law, plus committees devoted to the craft of litigation itself. Law student membership is free. Among the benefits you'll receive is a subscription to Litigation magazine and Litigation News newsletter.

The Section of Business Law (www.abanet.org/buslaw) has a business and corporate litigation committee. Law student membership is free. Benefits include a subscription to Business Law Today, the section's magazine, and The Business Lawyer, a student-edited law journal.

Consider the Section of Criminal Justice (www.abanet.org/crimjust) if you want to be a prosecutor, public defender, or criminal defense lawyer. A $7.50 student membership provides a subscription to Criminal Justice magazine and other benefits.

The General Practice, Solo, and Small Firm Section (www.abanet.org/genpractice) has a litigation committee. Student membership is free, providing benefits that include a subscription to GPSolo magazine.

The Section of International Law and Practice (www.abanet.org/intlaw) has an international litigation committee. Membership for law students is $15, which provides a subscription to the section's quarterly law journal and newsletter.

The Tort Trial and Insurance Practice Section (www.abanet.org/tips) has a trial techniques committee and many other committees on various areas of litigation practice. Membership for law students is free, providing a subscription to The Brief magazine, TortSource newsletter, and Tort and Insurance Law Journal.

Law students can receive all the informational, educational, and networking benefits of ABA section membership-often free of charge or at reduced rates. To join a section, call 800-285-2221.