Young Lawyers Division 2000-2001

SEPTEMBER/OCTOBER 1999

Committee Corner:
Focus on . . . Litigation and Law Practice Management

By Gillian Friedman

As young lawyers, we are not only required to competently recite the applicable rules of law that advance our client's position, we must also identify all procedural pitfalls along the way to our client's victory. In addition, most of us are also expected to court and land new business and keep current clients satisfied. With all these expectations, how do we maintain and build client relationships, review the latest substantive law in our practice area, learn the procedures in our courts including the ever changing "local rules" for the particular courtroom - and still go home at night?

One way is to learn the hard way. Research the substantive law. Check the law to make sure the citations are correct and then cross your fingers and hope that you did not miss the leading case on that subject. Likewise, review the court rules and the local rules and again cross your fingers and hope that the clerk won't reject your answer because you used the wrong font, or the judge won't deny your demurrer because you failed to double space your footnotes. (Believe me, it has happened.) While this "do it yourself" method could actually result in a good outcome, it will also result in less time away from the office and more stress. I would like to suggest a better way - through the team-approach of committees of the American Bar Association Young Lawyers Division.

The Young Lawyers Division has a number of substantive law committees that can help you learn about the latest issues in particular fields of law and can take some of the sting out of the process. For example, the substantive committees of the Young Lawyers Division address issues relating to bankruptcy and insolvency litigation, business torts litigation, commercial and business litigation, construction litigation, insurance coverage litigation, and products liability litigation, to name only a few. Additionally, the procedural law committees address a variety of issues, including alternative dispute resolution, appellate practice, pretrial practice and discovery, trial evidence, and trial practice. As young lawyers with only twenty-four hours in a day, we can certainly take advantage of the time-saving and informative tips offered by these committees.

Over the past few years, the YLD Litigation Committee has published a newsletter that contains analyses of substantive law, ethical issues, and other relevant topics. The Litigation Committee has also sponsored a number of CLE programs and resolutions involving issues that are not only relevant to younger lawyers, but to all lawyers. For example, the Litigation Committee proposed successful resolutions that evolved from the substantial increase in the use of both electronic mail and cellular telephones in the workplace to conduct business. The implications of the use of these communications tools on the attorney-client privilege is significant. Consequently, at the YLD Litigation Committee's guidance, the YLD has resolved that it will urge courts and bar disciplinary authorities to adopt views relating to the expectation of privacy in both means of communication.

At the ABA YLD-TIPS Joint Spring Meeting in 1998, the Litigation Committee presented programs that included demonstrations for conducting a serious car accident case and a slip-and-fall case. Both programs showed young lawyers how to handle the case from start to finish - from witness interviews, pre-suit considerations, and case planning through motion practice, discovery, use of experts, and jury selection. Additionally, experienced trial attorneys presented a three-hour mock trial of a bad faith insurance case, which included a jury of audience members.

The Litigation Committee also presents programs on issues beyond trial and litigation practice, such as discussions on how to court new clients and maintain existing clients. At the most recent ABA Annual Meeting in Atlanta, the YLD Litigation Committee held a roundtable discussion with Fortune 500 in-house attorneys, including counsel from the Coca Cola Company, Circuit City Stores, Inc., and the Georgia Pacific Corporation, where the discussion focused on the "ins & outs" of client relationships. At the 1998 Annual Meeting, the Litigation Committee presented a program on case management and cost containment from the clientÕs perspective. This program featured corporate counsel as speakers and presented direct and candid information from "the client," including insights and advice relating to their management of corporate legal staff and outside litigation firms.

This year's Litigation Committee has not finalized its programming, but it will no doubt again be informative and beneficial to young lawyers.

A perfect complement to the Litigation Committee is the Law Practice Management Committee. This committee provides lawyers with the necessary skills to implement and successfully advocate their knowledge of the law and legal procedure. As a member of the Law Practice Management Committee, the young lawyer will have the opportunity to learn the skills of effective lawyering and practice administration. These skills include the ability to negotiate, communicate, and manage your time more effectively. After all, one of the ongoing concerns of young lawyers (and often an obstacle to personal enjoyment in the practice) is maintaining personal free time amidst the billing requirements and deadlines. This can be accomplished only by working smarter and not harder. The Law Practice Management Committee can help teach you to work smarter.

The Law Practice Management Committee of the YLD begins each year by identifying specific interest areas of its committee members and young lawyers as a whole. The Young Lawyers Interest Group shares tips, techniques, and other information to help young lawyers start and build their practices and careers. One of the concepts the Law Practice Management Committee hopes to turn into reality in the near future is a "chat room" where the Committee members can share ideas and direct questions to each other and to members of the ABA Law Practice Management Section. The Law Practice Management Committee is currently preparing an informative article on how to make the workplace a safe haven against domestic violence, a constant undercurrent in many homes and in the workplace.

Involvement with the YLD Law Practice Management Committee can help improve one's legal practice. In light of the emphasis by clients on budgeting and managing fees, the Law Practice Management Committee intends to present a program on alternative billing methods, including fixed fee, result-based, or milestone-based billing methods. Tips and techniques for success in this arena may be found by speaking to members of the Young Lawyers Interest Group or by turning to its publication, Practice Development & Marketing.

The YLD Litigation Committee is chaired by Kevin M. O'Hagan. The YLD Law Practice Management Committee is chaired by Steven T. Lawrence. For more information on how to join either committee, contact Patty Brennan at E-Mail: PBrennan3@staff.abanet.org.

Gillian Friedman is an assistant editor of The Affiliate and practices law with Frandzel, Share, Robbins, Kaplan & Bloom in Los Angeles, California.