10 tips
for young litigators
By Paul T.
Moura
From
complaint to verdict, litigation can be a grind. For young litigators, it can
be easy to get lost in nuanced summary judgment research and contentious
discovery disputes. Below are 10 tips to keep in mind in order to add value to
your litigation and trial team.
Your introduction
can win or lose your motion. Don’t waste the first page of your brief explaining the court’s
jurisdiction or the standard of review. Instead, summarize your key points and
arguments in a concise and compelling way. Judges and clerks are extremely busy
and can tell pretty quickly whether the arguments hold water. A clear and
organized introduction can give the reader more comfort that the arguments that
follow have merit.
Think about
tone and rhetoric in your writing. You can be an aggressive litigator without being overly
bullish or disparaging to your opponent. A pejorative and condescending tone in
briefs is rarely productive in the long-run. Instead, focus on a clear and
careful presentation of your arguments. Some judges may want to incorporate
elements of your brief into their opinion. Make it easier for them to do that
by giving them well-reasoned thoughts with a professional tone.
Know your
cases and arguments.
It’s easy to assume that your case is more complicated than most and that,
during oral argument, the judge will not want to get into the weeds of your
legal arguments or your facts. Don’t assume anything. Many judges will not
tolerate generalities, so you should be able to articulate the case law clearly
and comprehensively and be prepared to apply it to your own situation.
Always think
about trial. Because
litigation can sometimes be a day-to-day slog through obscure legal research
and contentious discovery disputes, it’s easy to lose sight of the bigger
picture of what you need to prove at trial. Keep your focus on getting the
evidence you need and presenting it to the judge and jury. Consider organizing
your theory of the case by starting your trial brief months in advance, and
refine it as you get closer to trial.
Be civil with
your opposing counsel.
Try not to refuse accommodating your opponent’s requests for extensions simply
because she is your opponent. You may need her to make accommodations for you
or your client in the future, and judges don’t like to see lawyers get in petty
disputes that could have been resolved through a simple compromise.
Don’t surprise
your client. If your
client needs to supply discovery responses, make themselves available for
deposition or give you authority to take a particular litigation strategy,
don’t wait until the last minute to bring it up. Likewise, tell them well in
advance when they need to make themselves available for trial. Your clients
have busy lives and careers, too, and may not be in a position to drop
everything or turn something around immediately.
Consider mediation. Mediation can be a more
cost-effective and efficient way to resolve disputes. Going to mediation also
allows the parties to get a better sense of how likely the dispute is to go to
trial. There are many trained mediators out there who can help the parties test
their theories and draw out the true sticking points. Mediation is also
confidential, so statements in mediation typically cannot be used against you.
Be courteous
to staff. Everyone
is working hard. Treat staff and colleagues with the utmost respect. Remember
that you’re all on the same team. There will be times when trial is hectic or a
critical deadline is just minutes away and they will come to your rescue. Make
sure to convey your appreciation.
Seek out a
mentor. One of the
only things we can be sure of as lawyers is that we don’t know everything.
Cultivate relationships with mentors. The knowledge and experiences of other
lawyers can be our greatest resource.
Own your career. Whether you are a sole
practitioner, a mid-size firm lawyer or a “biglaw” associate, take ownership of
your career from the outset. Even as a young litigator, you can seek out your
niche or area of expertise. It is never too early to publish on topics of
interest or network with those in your desired field. Building your own
reputation can be very rewarding and over time can help you focus your practice
on the subjects you most enjoy.
Paul T. Moura is an associate at Hunton & Williams in Los
Angeles and serves on the California Young Lawyers Association (CYLA) Board of
Directors.