Generation J.D.

At last week’s Generation J.D. launch party, I was once again made aware of how small the Maryland legal community is and how your reputation precedes you.  During normal chit chat with other fellow happy hour launch participants, I became reacquainted with a woman that I used to play indoor soccer with many years ago (back when I was a much younger and much more athletic young lawyer).

During the course of conversation, I met her husband, also an attorney, who I had handled cases with and against, but ironically, never met.  Her husband had just arrived at the happy hour after spending the day in Anne Arundel Circuit Court with a partner at my law firm, jointly arguing for a temporary restraining order.  He was filling in for one of his partners, who I went to law school with.

The reason that I am going to great length to discuss this random confluence of relationships between lawyers that I know, centers on the idea that, as a young lawyer in Maryland, there are only a few degrees of separation between you and the rest of the bar.  Think about it - you are probably only a few degrees separated from the Honorable Chief Judge Robert Bell himself or opposing counsel or the Circuit Court Judge that will be hearing your motion on Tuesday.  And with such a small degree of separation, everyone knows your name.

Are you that attorney that refuses to grant extensions?  Are you the one that refuses to call opposing counsel back?  Maybe you’re the one that has the rules of evidence memorized or the lawyer that always has legal research to support any arguments presented?  Whatever it is, your reputation is who you are as an attorney.  And your reputation starts on Day One.

Remember that the next time you plan to use scorched Earth tactics against opposing counsel or when you will oppose an extension of time.  Protect your reputation and it will serve you for the rest of your legal career.

Alright, alright…so I know we technically started Generation JD on Tuesday, October 27 in conjunction with the launch of our new Web site, but last night you could say we “officially” got things underway.

We held a launch party/happy hour at the B&O Restaurant in downtown Baltimore (pictured) where the state’s young lawyer crowd came together to eat, drink, schmooze and meet our Generation JD writers and Daily Record staff.

We had a great time and we hope you come back here to get your fix of legal analysis/commentary from our talented writers.

When is it okay to not call a Judge, ‘Your Honor‘? Should cell phones be allowed in the courtroom? And what is the best way to organize a trial binder (hat tip: John Cord). Those are a just a few of the posts that have already been submitted.

Enjoy and Happy Reading!

(Top row, left to right) Michael Siri, Ryan S. Perlin, John Cord (Bottom row, left to right) Allie Wright, Lila Shapiro-Cyr, Rob Erdman (Missing from photo: Keith Forman)

My piece of advice for the day — get out of your comfort zone!

For some folks, this means going to and participating actively in networking events.  That’s always been within my comfort zone.  What’s always been outside of my comfort zone is public speaking.

I learned this early on when I had to participate in mock trial in law school.  Well, actually, it started at my Bat Mitzvah, where I was so nervous that beforehand I was advised to picture everyone in the synagogue in their pajamas. . . I did a fine job (at both my Bat Mitzvah and at the mock trial), but boy, was I nervous. And when I’m nervous, particularly when I’m nervous because I’m speaking in public — I get ulcer-like feelings in my stomach.  Just not a pretty picture.

And so, I became a transactional lawyer.  I just knew my stomach wouldn’t hold up to litigation.  And then I had my first public speaking opportunity — and my second, and my third.  The first one was a bear.  And so was the second.  And the third.  But the fourth, well, it was a little better, and each time thereafter was easier and easier.

And then, lo and behold, earlier this week — speaking in front of a room of clients and colleagues — for the first time (11 years after that first mock trial experience), I wasn’t nervous.  No stomach pains, no being flushed.  I just got up there and did it.  I actually kind of forgot that I was speaking in public.  And no one was wearing pajamas.

Probably the toughest part of being a new lawyer is learning when and how to delegate. Like the business side of practicing law, this is one thing that law schools do not prepare you for. It can be even more difficult when you have been practicing law for about 5 minutes, and your paralegal has been there for 20 years or so. The problem is complicated because, in many cases, law school does not teach you to practice law, either. So, you depend on your paralegal to show you how to draft a subpoena, what discovery responses look like, etc…

When I was brand new, I remember holding a draft letter, petrified to take it to my paralegal for editing and “to put in final.” I was unsure of myself, unsure of our respective roles (should I be finalizing letters myself? Does she have better things to do than proofread my letters?), and unsure of the best uses of our time. I did a lot of second-guessing in those days. I would frequently be found making my own copies, and my senior partner would pass by and ask me what I was doing. I’d tell him, and he’d gently let me know that my paralegal should be doing that.

The majority of my hesitation was that I did not believe that I was above making copies. I rebelled against a perceived hierarchy—the senior lawyer on the top rung of the ladder, followed by the associate lawyer, the paralegal, and the secretary. Fueling the fire was my knowledge that, as a new lawyer, I had no idea what I was doing, and probably belonged on the bottom rung.

It took a long time for me to readjust my thinking, but it was an important step in my development. Law firms are not (rather, they should not) be about hierarchy. No one is above anyone else, and everyone should be treated as equals. However, some degree of classification is important—people are hired for specific jobs, and there is nothing wrong with fulfilling those job requirements.

My partner would always tell me that he needed me to work on other things (drafting motions and discovery, talking with experts, etc.), and copying and scheduling is a job someone else was hired for. It’s about efficiency—making sure everyone knows what they are supposed to do so it gets done faster and better. It is collaboration. Though, as the lawyer, your end responsibility is to make sure that the work gets done. If you need to be copying or making trial binders, then it ultimately falls on you (a good reason why you should delegate assignments well before their due date).

And, as far as not knowing what you are doing—you’ll get there. I tend to think of it like high school. If you are timid, you will be picked on. If you exude a little confidence, then no one will be the wiser.

When I graduated from law school and passed the Maryland Bar, Santa (better known as my parents) gave me The Practice Manual for the Maryland Lawyer for Christmas. As I opened the large box containing two large binders I realized that I had finally crossed over into adulthood. The telltale sign: I was elated to receive a work-related present.

Every year since, I continue to work on my ongoing project of getting my personal law library of books, manuals, and treatises to use at work together.  As the 2009 holidays draw near,  I am on the search for my latest acquisition and or request for the holidays.

I know many of us have access to a law library at our firms but for those who do not, building a working library can be a daunting task for a young lawyer. Even if you do have access to a law library at your office, it does not hurt to have your own copy of the “classics” like the Maryland Rules. Chasing down a rule book can be a pain when working on something time sensitive such as a motion or injunction and there is a need to reference a specific rule. When I clerked, the Honorable Ronald B. Rubin of the Montgomery County Circuit Court consistently stated the Maryland Rules and the Maryland Rules Commentary as invaluable resources and that every lawyer, young and seasoned, should bring the Rules with them each time they go to court.

The Micpel website has become one of my most visited bookmarks and an important source of great books like Anatomy of a Trial by Paul Mark Sandler and Murphy & Grimm’s Comparative Guide to the Maryland and Federal Rules of Evidence. The Maryland Law Encyclopedia, the Bluebook or ALWD citations manuals, and the Defense Counsel Training Manual by the International Association of Defense Counsel were named as some of the top books to have and use by the Maryland lawyers in my office. Of course, the books that will help you in your specific practice will vary by area. The point is to find those books and start building the foundation for a great library early.

If you participate in Secret Santa or some other holiday gift giving exchange, or will be treating yourself this holiday, don’t hesitate to ask for or purchase something for your law library. It will aid your practice of law for years to come and will be a worthy investment in your career and value as an attorney. I’ll be putting The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide by Thomas E. Spahn on my wishlist.

On Sunday afternoon, the Baltimore County Bar Association sponsored a guest bartending event at Christopher Daniel restaurant in Timonium.  The event was held to raise money for the Robert Packard Center for ALS Research at Johns Hopkins, and to support Mike Radcliffe (pictured below).

Approximately 150 judges, attorneys and friends packed a private bar at the restaurant to support Mike in his fight against Lou Gehrig’s Disease, and to cheer on the Ravens.  Christopher Daniel’s generously donated a portion of the food and beverage sales, as well as the tips collected by the BCBA’s guest bartenders.

Mike is a long-time member of the BCBA, and a person I am privileged to call my friend.  I met Mike about 7 years ago through mutual family friends while tailgating at a Ravens game.  He immediately became a psuedo-mentor… someone that was always approachable.  He’s still my go-to source for answers to “dumb” questions.  And while his responses might be preceded by a chuckle, or two, his answers are always sincere and extraordinarily helpful.

Aside from the Ravens loss (which was particularly devestating to this writer), the day was a complete success!  Drinks were flowing… raffle tickets were sold… and funds were heading to the Packard Center.  But, the best part to me, was the incredible turnout of young lawyers at this particular event.  Understanding the incredible value of “time off”,” the fact that this group showed up on a beautiful Sunday afternoon in support of a great man and a great cause spoke volumes of their collective character.  It reaffirmed my sentiment that lawyers are always there to lend their support to others… especially in their times of need.