Lone Star Lawyers

Kristen Mynar, a board certified estate planning and probate attorney and partner with Naman, Howell, Smith & Lee in Waco, joins us on today's show. Kristen talks about maximizing your mentors, caring about your clients, and what she looks for when hiring (hint: it's not on a resume!).Her firm/practiceOffices in Waco, FW, San Antonio, AustinMost of the attorneys specialize in something, and there isn't much they don't doHer typical client has high-net worth and a closely held business, so you wind up working with them both on the estate planning and business related issues.Board certified as soon as she could, five years after starting practiceLaw is always changing so always have to stay on top of it; changing administrations can have an impact certainly so watching for whether new laws get passed at the federal levelCurrent exemptions are at all-time highs but set to expire and be cut in half in 2026.Waco is a great community; friendly/competent lawyers; way more money here than you would think, and those people keep their money here.Does a lot of work with partners in the other offices, as well as with clients in the small communities around Waco. Also succession planning for client businesses.Estate Planning can touch a lot of practice areasAdvice to lawyers in practiceHer grammar was a problem in the beginning! So she got red inked on everything for three years.She had great mentors and was a sponge. She listened/learned. Did push back when it looked like there was more than one way to do something.Fortunate to have someone who wanted to teach her how to practice.Much of her practice is drafting/writing, and she kept making the same mistakes at first. So she made a list of all the mistakes she would typically make, and then before submitting anything to the partners would go over that list to see if she had made any of those mistakes.Learn to compensate for yourselfBe humbleTake a minute and think about it! See if you can figure it out. The reader should be able to tell that you at least thought through it.RE: Business development: just be out in the community and make sure people know what you do. Offer to go speak to different groups. Do a good job and care about the client!Advice to Lawyers On The Lateral MarketNot a big believer in resumes.In interviews, looking for personality. Are you a person that I want to practice with? Personable? Easy to talk with?Rapid Fire QuestionsName one trait/characteristic you most want to see in an associate: ability to use their brainWhat habit has been key to your success: keeping my time every dayFavorite app/productivity tool: N/A - all apps are anti-productiveWhat would be listed first on the interest line of your resume: mothering, (low-carb) cooking, loungingFavorite legal movie: Bowl? The Case for ChristThanks again to Kristen Mynar for joining us on today's show!

Erin Brockovich is an outstanding 2000 film based on a true story about a woman who never gives up, doesn't take no for an answer, and helps get justice for an entire town. Robert and Daniel are joined by special guest Hope Mustakim to break it all down!Check out Hope's Waco ISD campaign page! https://www.hope4wacoisd.com/

Spencer Edwards, a shareholder and trial lawyer with The Hudgins Law Firm in Houston, joins us on today's show. Spencer talks about how to conduct yourself in trial, being eager to learn, and demonstrating work ethic in an interview.His firm/practice97 Baylor Law grad (25 years of practice)Catastrophic Injury / Wrongful Death trial lawyer (though hasn't tried one since 2019 due to COVID)COVID has essentially created a backlog of cases and trials, and that hasn't stopped new cases from coming inHas a case set for trial March 1stThe shift in the judiciary has made an impact on the practice (R to D in Harris County), which initially meant actual trial lawyers were on the bench which was helpful. But now, there has been a shift in competence, experience, and consistency as well, which creates a different dynamicMore high dollar verdicts in recent years has injected uncertainty on the defense side in valuing cases as well as emboldened plaintiff's lawyersAdvice to lawyers in practiceRemember that you are going to work with/against lawyers/judges again, so don't be a jerk!ChillNo need to be super aggressiveOnly takes one moment to damage your reputationThrow inside if you must, but don't throw a beanball!If another attorney does that to you, however, you have to be willing to push back, especially in front of the juryIf rules of procedure/evidence don't apply, then they aren't going to apply, so don't be the only one confined by themAlso have to be prepared for rulings against you, even if they are clearly wrongDo it with a smile on your face; don't lose your cool; don't try to embarrass the judge; you can get makeup calls!Keep perspectiveYou are going to lose cases, even some you should have won (you'll probably win some you should have lost)Don't let losses devastate youExude confidence in the courtroom; act like you feel like you can/should winDon't be afraid to ask dumb questions / pride is dangerous to a young lawyerAnd ask whyDon't make the same mistake twiceIf something needs to get done right now, that might not be the best time to push back/challenge/ask why...just do it! Find the right time/context.The best way to develop business is to do good work; and then watch the way lawyers at your firm develop their business and imitate thatLearn how to talk on the phone! Older partners/clients expect it and are used to itAdvice to Lawyers On The Lateral MarketHe's not a big resume guy!At their firm, a couple of younger lawyers review all the resumes and decide who to interview, and so he rarely sees the resumes. Also, law schools vary with their grading scales, so it is hard to compare candidates based on thatImpressed with work history (even in high school and college) that demonstrates work ethicImportant to bring up these things in an interview if you realize it could help you, since these items are likely not on your legal resumeFinal ThoughtFrom Professor Matt Dawson's speech to his law school graduating class: "I'm a smart guy, but that's not why I have been successful. I am successful because I have always worked hard. Don't get outworked. Don't let the other side beat you by outworking you." Great trial lawyer advice.Rapid Fire QuestionsName one trait/characteristic you most want to see in an associate: Eager to learnWhat habit has been key to your success: Get some sleepFavorite app/productivity tool: WhiteboardWhat would be listed first on the interest line of your resume: Baseball / AstrosFavorite legal movie: My Cousin VinnyThanks again to Spencer Edwards for joining us on today's show!

Dave talks about being known as a trial lawyer, being proactive, and conversational interviews.

Christian Dennie, a sports lawyer, commercial litigator, and partner at Barlow, Garsek, & Simon in Fort Worth, joins us on today's show. Christian talks about understanding the case, demonstrating grit, and how the new name, image, and likeness legislation is playing out thus far.His firm/practiceFirm is headquartered in Fort Worth with a Southlake officeCommercial firm (no criminal)He focuses on sports clients but does a number of things under that umbrella including arbitrationFort Worth / Tarrant County legal practiceSmall town with over 1M peoplePlenty of large businessesLots of lifersMore local/Texas based firmsCollegial and supportive of one anotherNew name, image, and likeness NCAA rules and state laws, as well as potential changes to the NCAA constitution are significant issuesAdvice to lawyers in practiceHave someone that will take you under their wing and serve as a mentor to you and help you learn/growYou win lawsuits in the library and not the courtroomSometimes the law is not on your side but you need to be creative because things need to changeCan happen in the courtroom with a decision, ORIn a settlement or outside of the courtroom...can be just as good as a decisionTake the case and figure it outIt's not about sitting in your office 18 hours a day to show that you are committed; but it's not about the hoursYou are a problem solverIdeal is to be at a law firm that has enough work that you aren't having to "create time" to meet your billable hour requirementsDaniel recalls former guest Jim Chester's advice to never leave a partner's office without the DDB (deadline / deliverable / budget).Important for the client to understand what they are asking as wellFormulate a game plan early for how you are going to generate the clients you wantPut yourself around the clients you want, but with the expertise you have even if that is different than what you ultimately want to doUnderstand the culture/business/environment of the clients you want to serveAdvice to Lawyers On The Lateral MarketDemonstrate the work you have doneHow does your work history match what the firm needsIs there a cultural fit?If you played sports in college or beyond that stands out to him because of the grit factorTrial experience, judicial clerkships, real estate deals/closings, employment contract experience all looks goodIf you don't have those things, do you have the interest, curiosity, and willingness to transitionSports Law Not a lot of large national deals yet2nd Circuit Court of Appeals / Gatto caseLots of local/regional dealsJust making sure they comply with state law, because if they don't then they won't comply with NCAA rulesContract can't extend beyond eligibility and there are multiple places in agreements where perpetual licenses are insertedBonuses based on results are not permissible and some of the early contracts had those in thereSchools are starting to get a better grasp of itTexas' law specifically says you can't use logos/marks which can cause issuesSome schools are trying to figure out how to permit the useHouston Travis Scott concertWas there adequate security?What does the license on the ticket say and do we have an enforceable arbitration clause?What if you are forced to click a link to go out and read the fine print of the license?Insurance?The NCAA recommendations on constitution/bylaw changes is a major issue in college athletics; especially if we see more power pushed down to the conference levelRapid Fire QuestionsName one trait/characteristic you most want to see in an associate: Ability to roll up the sleeves and get after it; willing to do what it takes; send the fax!What habit has been key to your success: understanding the client; establishing trustFavorite app/productivity tool: TwitterWhat would be listed first on the interest line of your resume: sports and family; stand-up paddle boardingFavorite legal movie: A Time to Kill / My Cousin VinnyFirst date of OU/TX in the SEC: 2023Thanks again to Christian Dennie for joining us on today's show!

Anne Heaviside, a managing director and legal recruiter with ELR in Houston, joins us on today's show. Anne talks about the lateral legal market, work from home policies, and top tips for candidates. Her firm and roleELR Legal is in the Tanglewood area of HoustonSpecializes in 2-10 year lawyers in Texas law firms / mostly Houston / mostly Big Law (AmLaw 200)Got her start practicing law, including at McGlinchy Stafford. She then took over the recruiting role there before stepping out to work as a legal recruiter on the outsideLegal Market Update2019 was good as was the start of 2020COVID put everything on hold until about November 2020November things opened up, especially in the Big Law corporate world (Can you say SPACs?!)Capital MarketsM&APrivate EquityDebt Finance2021 only got hotterBig signing bonuses ($10k-$50k)There are not enough corporate associates in Texas for the demandThe need is new work. Clients have more demand from Big Law firms and there aren't enough 3-6 year associates with the necessary skills.Record number of lateral moves in Houston and DallasPlus new Big Law firms opening up in AustinSeptember hit and those associates have worked between 2000-2800 hours already in 2021 and are no longer taking recruiter calls; they are waiting for their year-end bonus before lateralling at the start of 2022.Real Estate an Executive Comp/Employee Benefits have gotten hotBig Law litigation is cool/slowLitigation boutiques are hiring but they are super picky (think Big Law requirements)Davis Polk raised the first year starting salaries from $190k to $205k and Cravath (the previous trend setter) matched (as have several others now). Has led to some mid/small firms rethink their comp.Big Law v. Small LawCorporate v. LitigationHardly any small/mid corporate firmsNo sign of slowing down in 2022In this market, small/mid associates and in-house lawyers CAN make a move to Big LawWork/Office ArrangementsFlexibility is here to stay (in Big Law)How flexible is the questionAmLaw 50 is still at home in Houston or back in the office by choiceMultiple office firms across the county/internationally have a hard time making different policies for different officesAmLaw 200 will likely move to a 3/2 (three days in the office and two at home)Though new associates will likely be required to be in the office for the training/mentorship/culture/etc.Mid-levels and Senior associates will likely push for even moreSmall firmsWill likely have more variety of policiesMore likely to be in the office than the Big Law firmsChallenges to flex workLack of integration within the firmWhat happens when promotion time comes or the work slows down and layoffs are required? Will the person who has been at home be disadvantaged versus the one who has been in the office?How can we replicate the in-office benefits and experiences that we don't want to lose?Advice to Lawyers On The Lateral MarketThis is not OCI anymoreNot tell me about yourself or what practice to you want to go inThere is a specific need they are looking to fillSo firm needs to understand exact experienceIf you have stellar academics (great grades at a great law school), list that first. Otherwise start with your law firm experience3-6 bullets under each position communicating exactly what you doYour role in what types of deals/casesYou can take out the bullets under internships or clerkships if you need spaceIf you have been practicing for at least 3+ years you need a deal sheetKnow as much about the job you are applying for as possible so you can tailor your experience to the needLitigators definitely need a writing sampleGPA on the resume if it was at least a 3.2 (Big Law still cares even for laterals)Big Law resumes don't need interest sections, but small law firms will often like to see itIf you do have it, make the interests unique, specificFinal ThoughtIf you are going to use a recruiter, look for those who have contacts at the firms you are interested inRecruiters can help navigate some tough conversations and issues that come up (conflicts, negotiating offers, etc.)Once your resume gets submitted to a firm (whether directly or through a recruiter), another recruiter won't be able to help you for at least 6-12 months at that firm. So be mindful.Pros/Cons about using one or multiple recruiters, but one tends to work better for the candidate.Candidates should give thought to whether they want to use a recruiter BEFORE they start doing anything in the process; this allows for any recruiter to best help you.Recruiters can give insight on comp, especially in smaller firms where there isn't a standard scaleRapid Fire QuestionsName one trait/characteristic employers most want to see in an associate: smartWhat habit has been key to your success: consistencyFavorite app/productivity tool: LinkedinWhat would be listed first on the interest line of your resume: Food blogging / foodieFavorite legal movie: Legally Blonde / PodcastThanks again to Anne Heaviside for joining us on today's show!

Shameer Soni, managing partner and real estate lawyer with Patel Law Group in Dallas, joins us on today's show. Shameer talks about starting a law firm, the real estate practice, communicating via resume, and wide receivers v. linemen.His firm/practiceRuns the real estate practice: multi-family purchase/sale/development.Works with retail/industrial/hospitality clients as wellStarted the firm 11 years ago with two other partners built around entrepreneurs and business owners. The idea was to represent these clients in their core business as well as their investment portfolio (i.e. real estate).Started with clients whose core businesses were doctors, IT staffing, hotelLed to corporate immigration and real estate practice areasAlso had/have a title companyNow have a litigation practice as well that has recently pared down to work with clients adjacent to the real estate practiceGot his start at a larger firm doing entertainment/film finance in Atlanta, but when he came over to start this firm, the Dallas/Texas market didn't support the film finance area, which led to the transition to real estateHe went to every networking event, meetup in the beginning to get the firm off the groundHis partner Anish went to a networking breakfast every week at 6am at Steak and ShakeThere is no bad meeting, no bad meetup. Your network has value in perpetuity.In the early days, he built relationships with lawyers who knew what they were doing and were willing to help when he got into situations he was unsure aboutLearned a lot about firm culture and the things they wanted in a firm while working for others, and then used that info to build the culture in their firm. Want to be the un-law firm law firm. From social interaction to limiting hourly billing (they do zero hourly billing on the transactional side). Conduct exit interviews with lawyers who leave and learn more about ways to improve the firm's culture.Market90% of their work is in Texas; 60% in north Texas.Deals ranging from $2M to $300M and all of those are in a strong market right now.Industrial is hot right now as well.Community retail is picking up.Hotels were crushed and remain so for now.Residential is on fire in Texas, but COVID has slowed down the process with supply chain issues, etc.Advice to lawyers in practiceLearn business development and client relationships early; be proactive in asking to go with your partner on client visitsLearn everything about a deal, not just your specific task/roleDo as many meetings as you canYou want to become a profit center as soon as possible rather than be a cost center for the firmRecognize that you are part of the deal and collaborating with the client for a win-win scenario; it is more than just a piece of paperClients aren't hiring you to be a title review guy; they are hiring you to do a dealMust understand the forest and not just your treeEstablish trust with your partners quickly so they are comfortable bringing you along to meet partners without embarrassing themAdvice to Lawyers On The Lateral MarketRecognize what the firm is looking for and make sure your documents clearly communicate your ability to meet those needsBe specific about what you have doneWhat size deals?What type of deals?What role did you have?Find ways to connect with the partners (did you go to the same law school?)He rewrites his bio on the law firm website every quarter! It is a good exercise to think about when writing/rewriting your resume.Looking for the right fit for the need they have at the timeBroadway show staffing exampleFootball recruiting exampleFinal ThoughtAttitude makes up for a lot; skills can be learned/taught. Much harder to teach personality/attitude/mindset.Rapid Fire QuestionsName one trait/characteristic you most want to see in an associate: work ethicWhat habit has been key to your success: persistenceFavorite app/productivity tool: NetdocsWhat would be listed first on the interest line of your resume: Formula One racingFavorite legal movie: Liar Liar / podcastThanks again to Shameer Soni for joining us on today's show!

Erin Rodgers, entertainment lawyer and shareholder at Rodgers Selvera, joins us on today's show! Erin talks about the ever changing entertainment industry, knowing your value, and the interest section on your resume.Her firm/practicePartnered with Sergio SelveraHe had stopped practicing for a time to start a record label when he came to a CLE where she was speaking.She became his lawyer for a time, and then he decided he wanted to practice again and they decided to partner upEntertainment lawMusic/TV/Writers/etc.Non-profitIP / contractualShe has a music degree and is still a performer, which has helped her build the practice through the relationships she hasHouston is the 4th largest city in the country so there is a lot of art businessAustin has a better marketing department for its arts sceneBut much of the work is federal and the communication can be done remotely, so geography doesn't tend to matter as muchBeing an artist helps her understand what clients are going through as new technologies/distribution/etc. issues come upTextbooks can't keep up with the changes in the industryStudents can help you keep up!One record label friend says they are predominately marketing new music via Tik Tok and FortniteWhy not you? (when it comes to practicing entertainment law)Do something every day that moves you forward to the thing you want to do.Entertainment Law is an amalgam of things that already exist (copyright, entity formation, trademarks, etc.)Non-profit/entertainment/sports have quite a bit of overlap, and for the arts sometimes the entity itself should be a non-profitThere is a new Copyright Royalty BoardEssentially a small claims court/mediation for copyright, since so many "violations" go unchallenged due to the high cost of lawsuitsPros/cons: will make many more people/companies likely to be challenged for their work that takes from othersA panel is supposed to make decisionsAdvice to lawyers in practiceIf you want to practice entertainment law, volunteering with the Texas Accountants and Lawyers for the Arts can provide great experienceShow your sincere interest in the practiceDon't make it more convenient / less costly in time for the lawyer/partner do just do it themselves as opposed to showing you howKnow the value of the service that you offerIf you aren't charging enough, some people/potential clients/referrers may assume you aren't goodUnderstand the marketSetting your rates can help you filter what type of clients you work withOn Work/Life BalanceMake the choice as early on as you canPrioritize certain things on top of your law practice, even if its small chunks of timeMinimize the amount of work that isn't billableThat we can do everything ourselves doesn't mean we shouldAdvice to Lawyers On The Lateral MarketHighlight specific experience that relates to the position, the industryInterests section matters!"want to work in a small office" not the best response to why do you want to work here. Maybe that could be the 4th/5th thing on the list, but certainly shouldn't be the first.Employers can tell when you are sending the same cover letter to every job/employer. Tailor your cover letters! She actually gave credit to those who voluntarily submitted a cover letter when it wasn't asked for.Rapid Fire QuestionsName one trait/characteristic you most want to see in an associate: think on your feet / adaptableWhat habit has been key to your success: work/life balanceFavorite app/productivity tool: pen/paper list and random number generatorWhat would be listed first on the interest line of your resume: playing music (clarinet, accordion, guitar, piano, vocals)Favorite legal movie: Legally Blonde / Lone Star Lawyers Movie Verdicts EpisodeThanks again to Erin Rodgers for joining us on today's show!

Marty Sadler, insurance litigator with Litchfield Cavo in Houston, joins us on today's show! Marty talks about managing up, maintaining your humanity, and the importance of poise in an interview.His firm/practice22 offices across the nationfull service firmHouston office (15 lawyers) mostly does insurance work (he does 1st party and many in his office do third party)Texas lawyers needed for so much of the weather-generated work (hurricanes/hail/wind) that Texas generatesNew Texas Supreme Court opinion in Hinojos (v. State Farm) - related to payment of claims after an appraisal. Used to be that if you paid promptly, you avoided all the statutory delay interest penalties. The SC took that away.COVID update (9/29/21)With 22 offices there are 22 different COVID situations; every office doing their own thingHouston office: people can decide how much they want to work in the office v. at homeMarty has only been back in the office once since March 2020; and that one time was by order of a Federal Judge for a hearing!Very few in-person hearings; no trials since the start of COVIDExpects he will work in a hybrid office format for the rest of his careerWhat have we lost (or will lose) moving more to relationship online v in-person?Advice to lawyers in practiceAttention to detail is the most salient element for success as a young lawyerLearn how to "manage up" in your professional relationshipsDon't just reactCommunicate with your partners as to what your workload is like and ask for the priority order of the projectsTalk to other associates and see how they work with their partners/supervisorsResources:https://www.idealist.org/en/careers/managing-uphttps://www.wsj.com/articles/what-does-it-mean-to-manage-up-11608242276https://www.attorneyatwork.com/managing-up/Push to productHe can't revise a motion that you haven't given him, or that is missing large piecesHe wants to see the work twice: once as a framework of the work early that he can edit, and then a polished form of the product laterPartners may have a different process, so again it is important for you to get to know what each partner you work for expects/requires. Also have to manage the calendar to allow for the entire process to work before filingOn business developmentLearn how to be a lawyer firstYou don't have to be 50 to get your first referral; young lawyers have an opportunity to get cases early in their careersOn work/life balanceYou can always work longer/harder, so you can become consumed in being a lawyerYou have to figure out a way to remember you are a human being firstDon't go home to the family as a lawyerAdvice to Lawyers On The Lateral MarketHe likes to see some judicial intern/clerk experience if you are a new lawyer so you have been in the courtroomWriting samples are helpfulShow poise in the interview; comfortable and confident when things change on themFind ways to talk about what you bring to the firm and how you will help the firmFinal ThoughtsIf you are an associate, the best thing you can do to improve your career is to make yourself indispensable to your partner(s). Will increase your client contact, chances to do depositions, etc.Rapid Fire QuestionsName one trait/characteristic you most want to see in an associate: poiseWhat habit has been key to your success: attention to detailFavorite app/productivity tool: WordWhat would be listed first on the interest line of your resume: bird photographyFavorite legal movie: To Kill A Mockingbird / My Cousin VinnyCHECK OUT HIS BIRD PHOTOGRAPHY!On Linkedin: https://www.linkedin.com/in/marty-sadler-61094120/detail/recent-activity/Thanks again to Marty Sadler for joining us on today's show!

Lauren Valkenaar, a partner and commercial litigator with Chasnoff Stribling in San Antonio, joins us on today's show. Lauren talks about having an internal standard, being honest and authentic in your job search, and developing business best practices.Her firm/practiceBoutique litigation firmBusiness/commercial litigationBroke off of a large firm and wanted to maintain the same level of quality but get a little more autonomyFlexible/nimbleCases deal with Breach of Contract, Tortious Interference, Fraud, etc.COVID has changed the way they practiceNot physically in the courtroom, but they have adapted wellZoom hearings will likely stayTheir clients get sued all over the country, so Zoom is a positiveZoom depos are a different thing and in-person is more important thereCOVID also impacting their clientsHow to deal with their employees / working remote or in-officeEveryone is an employment lawyer now (Daniel)Don't get complacent with your technology (Daniel) / Don't be a cat!San AntonioVery collegial barAll the amenities of large city but a smaller town feelGreat mentors because lawyers are close and kindAs a young professional, many more opportunities to get involved in the community and make an impact at a high levelAdvice to lawyers in practiceCreate an internal standard / desire to get it right / goes beyond checking the box / when you know that you are likely the only one to know whether or not you "ran an issue to ground."So much of being a lawyer is internal motivationSurround yourself with great people who keep these high standardsYou are the average of the five people closest to you (Daniel / Jim Rohn)Think about the business aspect of the law firmLearn from people who are different from youBe a team player; that shows up immediately and makes a big impactAre you offering to help on other cases when you are done for the day but others are still working?Focus on the work product / the words / the documentsHave an intellectual curiosity; think/learn beyond the discrete task you are working on; try to get a handle on the larger picture and how your piece fits inDon't be a jerkDon't have sloppy work productCommunicate, especially if you are doing work for multiple partner with different deadlines. Don't just be silent.On business development:Plant seeds and build relationships with zero expectations they will turn into businessYour law school classmates can become your clients or referral sources; stay in touch with them!Do great workGet involved in the communityDon't do something for the sole purpose of developing business: rarely does that workOver time, business will come in more from referrals based upon the work you have done for someone; but that takes time to build upAdvice to Lawyers On The Lateral MarketNo typos in the resume!Connection to the type of work should show through in the resumeContinuity and not a lot of jumping around firm to firmThe more specific you can be on the resume the better in order to show what they've done and accomplished in their prior/current roles. Helps you to stand out, but also for the interviewer to know how to slot you in if they do hire you. How much training will you need, etc.?Come to the interview prepared with questionsAvoid arrogance/entitlement; that's a turnoffHonesty and authenticity shines throughFinal ThoughtsBe honest and self-aware in what you are looking for in a firm; those are critical to making a good match in the hiring process.Rapid Fire QuestionsName one trait/characteristic you most want to see in an associate: Grit (book by Angela Duckworth; Ted Talk)What habit has been key to your success: Never assuming; always go back and double checkFavorite app/productivity tool: RemarkableWhat would be listed first on the interest line of your resume: Travel (Italy; Cambodia)Favorite legal movie: A Time To KillThanks again to Lauren Valkenaar for joining us on today's show!

Andrew Tuegel, a plaintiff's attorney and partner with Simpson, Simpson, & Tuegel in Bridgeport (TX), joins us on today's show. Andrew talks about knowing your jurisdiction, becoming indispensable, being honest in an interview, and Ted Lasso. His firm/practiceLocated in Wise County (NW of Fort Worth); Decatur is the county seat and their office is in BridgeportSmall firm that focuses on plaintiff personal injury / wrongful death / mass tort practice. Most of the work is contingent fee; the rest is local business.Majority of client base is in Wise County and the western part of the metroplex. Mass tort clients are nationwide.Likes that he has tried cases all over the country, since even with the local clients, the case itself may get filed in other jurisdictions.If you are filing in jurisdictions are aren't familiar with, know the substantive law that appliesTwo jurisdictions in U.S. that still have a 1% comparative fault/contributory negligence bar to recovery (Virginia and North Carolina), so that might determine whether or not to take a case of where to file, etc.Understand how the contingency fees can be structured (Texas has no cap other than not unconscionable; pretty wide latitude, but others have specific limitations on contingence fees)...this is a factor in how to evaluate/value the case.Plaintiff lawyers are nervous every time the legislature meetsBig push for HB 19 (tort reform in trucking wreck context) that became effective 9/1.Texas Supreme Court case recently allowed people pursing uninsured motorist claims can also get attorney fees.COVID update (as of 8/19)He has a case set for the end of SeptemberHe was recently in a hearing where mid-way through the judge had to end the hearing early because some type of exposure had occurred in the courthouse.Nothing moves cases like firm trial dates.Criminal trials take precedence and will bump the civil casesAdvice to lawyers in practiceMake yourself indispensable; find something that you can contribute to the team and that you are the best at. Become a necessary part of the team (shoutout to Baylor Law's Practice Court)When he was with Harrison Steakley, Matt Morrison was the partner on a bunch of opioid overdose cases that needed a lot of expert/technical witnesses and related depositions, etc. He was good at briefing on these expert issues and making sure they could keep their expert and get rid of the other side's expert.This led to him becoming part of the trial team for one of the cases in Utah, and then in Maine, and then in North Carolina. And while he briefed like crazy, he also got to take some of the witnesses at trial.If you do well with a little thing, you will get more opportunities with larger things. The inverse is true: if you don't do the little things well, you won't get the larger opportunities.Become the expert on novel or local rules/laws; this is a place for young lawyers to become the most knowledgeable about an area within their firm.Steve Harrison, legendary Waco trial lawyer and a gentleman-rancher, said that in every law firm, you need some combination of chicken getters and chicken pluckers. And lawyers need to figure out where they are in the getter/plucker scale. Getter = bringing in clients/cases/business; Pluckers = bill hours/push cases/do the work. Some people are a combination of both. But you need to contribute to a firm in one or both of these ways in order to be valuable to them.Re: business development from the plaintiff's side:the more serious a case, the more relational the business development is going to be, either with the potential client or referral source (another attorney, friend of the client, etc.)the less serious a case, the more a Google search or a response to an ad can workSome of the best PI lawyers get their referrals from other lawyersA lot of the advertising PI lawyers will actually wind up referring the case to the best trial lawyer in that area rather than trying it themselvesAdvice to lawyers on the lateral marketBe honest about what your experience isit's okay if you haven't done something or only done it a few times; the interviewer just needs to know what you can do on day oneBe willing to learn and workOn the plaintiff's side, understand it is a results-oriented business (not an hours billed business)Must be willing to do what it takes to win (within the bounds of ethical)Ted Lasso CommentaryHe is a big soccer fan (Liverpool) and was immediately interested once he first became aware of itOriginal Ted Lasso commercials for the premiere league coming to NBC from 2013!!Come for the humor; stay for the heart!Addresses tough subjects without being preachy, but we're going to talk about it.Can use some of this to talk with people in your own life about these subjectsRapid Fire QuestionsName one trait/characteristic you most want to see in an associate: WillingnessWhat habit has been key to your success: Get up earlyFavorite app/productivity tool: TwitterWhat would be listed first on the interest line of your resume: PilotFavorite legal movie: Legally Blonde / podcastThanks again to Andrew Tuegel for joining us on today's show!

Daniel Hare is the founder and president of Varsity Search, a legal recruiting company dedicated to building great teams by bringing together lawyers and law firms. In this episode, Daniel provides and update on the legal hiring market, as well as some tips on how to productively work with a legal recruiter.Legal Market UpdateBig Law Lateral market is active, with a focus on M&A and Private EquityHolland & Knight merged with Thompson & Knight, effective 8/1More large firms are adding/growing their Texas presenceQuinn Emanuel added an Austin office to their Texas footprint in Houston, and is looking at DallasEnergy, tech, private equity, IP are leading practice areasTexas-based firms trying to hang inBig Law start salaries have gone to $205k, scaling to $365k for year 8Full scale, putting 3rd/4th year lawyers at $240k-$275kMuch of this is specific to big law; how does it impact small/medium firmsWhile I often think about Big Law and all other law as two different economies, the reality is Big Law does have an impactTrying to recruit Big Law associates to the boutiques has become more difficult financially. A $150k salary for a third year lawyer may not have seemed like a terrible pay cut when they were making $205k or $215k. Now they are making $240k, $250k. A $100k cut is a lot for anyone.These salaries will continue to trend of Big Law focusing on corporate/transactional areas and pushing the expensive litigation matters to the boutiques.What I'm seeing in small firm recruiting / anecdotalA lot of activity / strong marketHeavier on the litigation side (some for reasons above)Salaries in the $100k-$170k depending on the firm, the level of candidate's experience, etc.Insurance defense, government/admin, and family law tend to be on the lower end by virtue of the legal fees those client bases are willing to pay.Firms servicing small/mid-size companies will tend to pay moreEmployers like candidates who haven't bounced around to a lot of different firmsIf that's you, highlight it in interviews; it's a strength!If that's not you, be prepared to address this issueEven if you aren't asked directlyDon't bad-mouth prior employers, but instead talk positively about the employer you moved toPivot to why the firm you are interviewing with presents an opportunity you value and are interested in.Preference tends to go to candidates who have been able to get more hands-on experience earlier. So if you can start taking depos and handling hearings early on, that makes you more valuable to a potential lateral employer.Make sure your resume doesn't just read like a job description the firm's HR department would write; use specifics, highlight accomplishments, add numbersRelocation is possiblePrepare to communicate your reason for the move to the new city beyond the jobIt can be an advantage in more niche areas where firms know each other in a city and prefer not to poachHow to work productively with a legal recruiterShare what you are up toHave you already applied somewhere?Firms won't work with recruiters if they already have a relationship with you, so we as recruiters will want to avoid reaching out to those firms.We also want to see the types of firms/jobs you have applied to; it helps us know what you are looking for.If you want to use a recruiter, you should limit these direct applications because it limits how/where we can helpBe open/honest about what you are looking forWe can only help you if you tell us what you are looking for.I feel bad when a candidate takes a position in a city/practice area they had never mentioned before, because perhaps I could have helped them find something better/sooner/etc.Sometimes things change; that's okay! Just keep us updated.Talk with us before you respond to an offerSometimes it can feel tempting to just take the offer or make a counter offer that isn't far from the original offer, but best to get our perspective first. Your instincts might be right; but you also might wind up leaving money on the table.Enjoy your Labor Day Weekend next week and we'll be back with a new episode the following Monday!

Jessica Mullins-Ta, a corporate immigration lawyer and partner Berry Appleman & Leiden in Dallas, joins us on today's show. Jessica talks about knowing how to look for the answer, prioritizing balance, and eliminating those resume typos!Her firm/practicerepresent companies in bringing their employees to the US so they can get the appropriate visas that allow them to workshe joined the firm out of law school to do more of their litigation matters, but stayed on and grew into the immigration practiceregardless of what's going on in the politics of it, there is always an impact and always changes in substance and emphasismost embassies are shut down right now; many workers are stuck there and can't get back to the U.S.businesses are no longer satisfied with pausing travel, so executives and consultants are traveling internationally which has been a challenge with state department restrictions (but those have relaxed some of those (as of the date of recording / July 8)large businesses make up a big percentage of certain types of work visas (especially those for quick, one day travel/meeting types of visas among C-level), but other types of workers and visas can be found throughout the economy through mid-size and small businesses, particularly in the STEM fieldstechoil & gasgovernment (and contractors)universitiesresearchin some areas, the regulations haven't been updated quick enough to keep up with the advancements in techAdvice to lawyers in practiceNeed to overcome the fear of not knowingYou won't know the answer but you have the tools, and that's okayUnderstand where to start looking for an answer, and take the lead on what you think is the right direction.She is a working mom who errs on the side of not saying no (to anyone), and that isn't sustainableburnout is realbalance is importanteven if you feel like you can take more on, that doesn't mean you shouldtake your full maternity leaveif you are unhappy it may be how you are practicing law and not the actual practice of law; evaluate this before you leave the professionmany times we put this pressure/expectation on ourselvesCan help to have a California/international offices of your firm which typically has more mental health/vacation/leaveDon't be overconfident and miss an issue or a risk, or present a client with assurances that you shouldn't/can't provideBe eager to learn and ask questionsAdvice to Lawyers On The Lateral MarketNo typos! Employers will think you don't care enough to make sure the resume is correct, your work product won't be good eitherKnow what the firm is looking for. Do they need a writer? A trial lawyer? An administrative/forms lawyer?Highlight your strengths, interests and experiences so the firm can figure out if you fit what they needIn the interview, are you engaging? Relatable? Client skills are harder to teach than the actual substantive law, so that is what they are looking to see whether you have it or you don't.Final ThoughtsLeadership appreciates people who work hard and try hard, and if you do what it takes to learn what you don't know, it will be appreciated.Integrity mattersRapid Fire QuestionsName one trait/characteristic you most want to see in an associate: willingness to tryWhat habit has been key to your success: always assuming I'm wrong, and trying to prove itFavorite app/productivity tool: proprietary firm dashboardWhat would be listed first on the interest line of your resume: hip-hop music (Jay-Z)Favorite legal movie: Legally BlondeThanks again to Jessica Mullins-Ta for joining us on today's show!

Kathleen Turner Beduze, a fiduciary litigator and shareholder at Crain Caton & James in Houston, joins us on today's show. Kathleen talks about showing confidence and curiosity, turning interviews into conversations, and of course, Free Britney!Her firm/practiceHer practice focuses on fiduciary litigation and guardianship work2015 revamped guardianship codelegislature is generally against full-blown guardianships, preferring things like power-of-attorneys instead (and less court supervision)Impacts the planning attorneys in trying to figure out what should be in the general estate planning documentsFirm45+ attorneysfirm handles almost everything except for family and environmentalHas grown over the yearsPros/cons to being midsize firmwork/life balancenot the same rates as large firms (but this can lead to more business as well)quality of work can be the same as Big LawWhat's up with "Free Britney!"?Go read/listen to her letter to the courtRecognize that California is much different than Texas when it comes to guardianshipsHow is her father getting a % of her gig money in his capacity as conservator as opposed to business manager/agent?Covid Update (7/1/21)Courts - completely depends on where you are.She had an in-person jury trial in Galveston in Mayjurors were six feet apart and split between the jury box and the galleryMontgomery was holding in-person hearings as wellHarris County not in-person yet (early fall setting for an in-person trial)Has done trials by Zoom so it can workClientsTheir clients are all over the nation, and the rise in video calls haveAdvice for Zoom hearings/trials/depos/etc.You have to be preparedOne of the biggest complaints from judges is lawyers taking things to casually/informally; treat it like you are in personRemember that your face is always on camera and someone may be looking at you when you don't realize itAdvice to lawyers in practiceHave confidence in yourself; not necessarily in specific areas of the law that you haven't learned yet, but in your abilities to write, research, speak, strategize, etc. This isn't ego or arrogance; there's a difference.Be willing to pitch a new idea or something that other may not have thought of yetIt is okay if your personality and a client's personality don't exactly jive; don't worry about it.Ask questions of partners and more senior lawyers; admit if you don't know something; communicateEx. if you are overloaded with work from other partners and you get a new assignment from a new partnerIf you don't understand, repeat the instructionsTake notes! Don't show up without a pen/paper! You will forget!(Daniel refers to Jim Chester's DDB (Deadline/Deliverable/Budget))Advice to lawyers on the lateral marketOn paperAcademics do matterBeyond that, extracurriculars/interests matter to her. She wants to know what the person is like. Use your documents to show your unique path to where you are today.Show why you are differentShow why you are looking to move and why you want to work here. A lot of bouncing around raises questions and doesn't look great.In an interviewExhibit calmness; don't show your nervesPractice the interview beforehand to try to help with thisCome with good/specific questions that show you have prepared and are familiar with the firm and the interviewersA conversation is better than straight Q/AFinal ThoughtsBe comfortable with who you are, what you are doing, and what you are wanting to do; find the right level of work/life balance that works for you.Everything comes in waves/stages in life, so just recognize that.(Daniel) Don't feel stuck in something if your life circumstances change and don't judge yourself to harshly if you make changesNever meet a stranger; build and maintain your networkRapid Fire QuestionsName one trait/characteristic you most want to see in an associate: communicationWhat habit has been key to your success: perseveranceFavorite app/productivity tool: iTimekeepWhat would be listed first on the interest line of your resume: familyFavorite legal movie: Legally Blonde (Podcast) / The FirmThanks again to Kathleen Turner Beduze for joining us on today's show!

In this Movie Verdicts-esque episode, special guest Bobby Soltani joins Daniel to talk all things legal in Seinfeld.We discuss:The various trials and casesKramer v. Java WorldKramer v. Big TobaccoThe City of New York v. Newman (x2)Kramer v. Sue Ellen MitschkeClaire v. PlayNowThe lawyers in the showJackie Chiles (if you know you know)Vanessa (early Jerry girlfriend)Cheryl (immigration lawyer who also sues Elaine)Schellbach (estate lawyer / Ben Stein)Frank Costanza's divorce lawyer (Larry David / the man in the cape)The judges in the showJudge Arthur Vandelay (played by Movie Verdicts veteran Stanley Anderson)Judge Sackett (Newman's speeding ticket trial)Judge Hart (Newman's parking ticket trial)Judge ?? (Kramer v. Mitschke)Several movie verdicts-style awardsMore!Surprise after the ending music so listen all the way through! (hint: Seinfeld character Cameo)

Bobby Soltani, patent and IP lawyer with Seed IP in Seattle, joins us on today's show! Bobby talks about his career journey through IP law, knowing your audience, and how many lateral moves it takes to raise a red flag.His firm/practiceLargest IP boutique in the pacific NWHe works in patent prosecution, mostly in electronics and softwareIn the software space, lots of discussion about what is patent eligible subject matter; statutes are generally silent (i.e. broad) but courts are drawing lines much more strictlylots of variation in both the courts and the patent office, so can present challenges with advising clientsCOVID update (as of June 16th)Most of the firm and their clients are still working from homeMostly been able to seamlessly transition and continue working with clientsSome sectors of clients have been hit hard by the pandemic, while others have seen growth (i.e. gaming)Career trackStarted at a small boutique patent firm in Boulder, COGot lots of hands on experience and immediate client contactAll prosecution / no litigationWent to Seattle in 2010 to work with a large firm50% patent prosecution / 50% litigationDiscovered that litigation didn't fit his personalityMoved to Seed in 2013 to return to full-time patent prosecution and at an IP boutiqueIn his experience, plenty of patent/IP litigators didn't have the hard science background that is required for patent prosecution and some litigation. Though it can be a bit tougher to get your foot in the door without it.Sometimes being a lay person can be helpful, since the judge and jury likely won't have that background eitherJudge Albright and the Western District of Texas in Waco is now an IP litigation hot spotAdvice to lawyers in practiceKnow the audience you are communicating with and respond directly to what is being askedGet comfortable with the process of learning how to be a lawyerShow ownership and dedication to the work and the projectsKeep an open line of communication with any partners you are doing work forBe creativeOn work/life balance:Reducing commutes can really help, as the pandemic has revealedThough it can be tough to separate work from home when you work at homeFirms providing more mental/physical health benefits/programs can be helpful, though lawyers need to take advantage of themAnalytical skills will become even more important as legal practice evolves over time and as things like LPOs and AI take on more routine tasksAdvice to lawyers on the lateral marketIf looking at a specialized firm, know that it may be looking for that specific background/education/experience that precisely fits the need of the position.Demonstrate a consistency in growing and challenging yourself.One or two moves early on in someone's career doesn't raise too much of a flag for him, but six or seven moves in the same number of years would likely raise concerns.Candidates would be wise to address this issue head on in an interview or cover letterKnow that small/boutique firms usually want to hire people who they will like and get along with, and will enjoy working with day in / day outFinal ThoughtsWork hardWork on your relationships; stay in touch with your law school colleaguesRapid Fire QuestionsName one trait/characteristic you most want to see in an associate: dedicationWhat habit has been key to your success: keeping a daily task listFavorite app/productivity tool: OneNoteWhat would be listed first on the interest line of your resume: TennisFavorite legal movie: 12 Angry MenThanks again to Bobby Soltani for joining us on today's show!

JoAl Cannon Sheridan, family lawyer and founder of Sheridan Family Law in Austin, joins us on today's show! JoAl talks about growing up with a lawyer father, the latest in family law, and balancing confidence with humility.Her firm/practiceShe is originally from Mexia, TX, which is perhaps known best by a joke that went "viral" decades ago:This older couple was driving East on 84 out of Waco, and kept seeing the signs for Mexia. Being that they were old and married and argued about everything, they got into an argument about how to properly pronounce "Mexia."As they pulled into town they decided they needed to settle the debate once an for all. They immediately saw the sign for Dairy Queen and pulled into the parking lot. They walked up to the counter where a bright-eyed young high school girl was manning the register, and they asked, "How do you say the name of this place?"The girl got a confused look and said back very slowly... "DAI-RY QUEEN."Joe Cannon is her dad and a well known lawyer who just retiredCowrote the Texas desegregation bill in the 1960sShe would go to his office all the time as a kid, and always knew she wanted to be a lawyerAfter years at a couple of other firms, started her own firmNiche areasThird-party custodyInternational/jurisdictionalDrawn to family law because it is a calling and a ministryDealing with great people at the saddest points in their lifeTakes a certain personality and callingShe also has a love for animals and thought about becoming a veterinarian (but didn't have the stomach for it!)Family law updateThe pandemicPeople who are forced into house arrest for 15 months either brings you closer or pushes people apartHas caused family law practice to be very busySupreme Court did the right thing by ordering parents to honor custody arrangements and not use COVID as an excuse to ignore themNew rule as of 1/1/21 - Mandatory disclosures due 30 days after an answer is dueLawyers believe they are the better judges of their lawsuitsNot every case needs full blown discoveryRule 11 agreements to defer that are very commonTwo new Supreme Court decisionsIn re CJC (2020)Lots of ways to have standing as a non-parent, but two main ones (you had actual care/possession in the past six months OR you are family and the child's health is at issue)Overturned In re: VLK (2000) which said there was no parental presumption in a modification (so this was a best interest of the child test)So now there is a parental presumptionIn re H?? (2019)For the six month rule, how do you define care/possession?Excludes daycare workers, etc.If you were making day-to-day decisions for the child, feeding them, taking them to the doctorThis is a standing question; doesn't mean they will get custody, but gives them their day in courtPracticing during COVID (as of 6/30/21)Challenging and just not the same versus being in the same room with peopleVarious courts are opening up at different paces depending on your countyTravis County on 9/1Rural counties have already opened upLive bench conferences / administrative hearings / uncontested dockets etc. will likely continue by virtual/video stream depending on the judge/jurisdictionAdvice to lawyers in practiceRespect your eldersDon't get overly aggressive trying to prove yourself; give deference to a more experienced attorneyCivility is importantUnderstand the big picture and the lay of the landShow good judgment and maturityAdmit that you don't 100% understand what you are doingShare what you are thinking and ask another attorney what they thinkDon't get into the mud with your clientsThis can be very difficultRecognize it doesn't help you be a better lawyer/advocate for your client when you do thisFind a good mentortakes the time to show you the ropesBe realistic with your clients, and don't let them dictate how you work the caseYour reputation with judges is on the line, and if you aren't reasonable with requests or haven't made a reasonable effort to settle the case, it will impact your ability to help clients when you do have to be in the courtroomAdvice to lawyers on the lateral marketFirms may need different roles/experiences at different times, so know what they are looking forCommunicate to employers why you want to do what you doIntegrity mattersDress appropriately for all interviewsBring your A gameConfident plus humblefine line between promoting yourself (which you have to do in an interview) and not being arrogantBe eager to do well and make a differenceChemistry/fit with the firmKnow your audience and do your research, but don't go overboard with personal researchWhy do you want to work here?Final ThoughtsGive service back to the professionBar workPro BonoIt is important and makes your work more fulfillingAnother way to pursue work/life balanceRapid Fire QuestionsName one trait/characteristic you most want to see in an associate: loyaltyWhat habit has been key to your success: To-do listsFavorite app/productivity tool: ClioWhat would be listed first on the interest line of your resume: scuba divingFavorite legal movie: To Kill A Mockingbird (podcast)/ Legally Blonde (podcast)Thanks again to JoAl Cannon Sheridan for joining us on today's show!

Mary Green, medical malpractice and personal injury lawyer with Pierce Skrabanek in Houston, joins us on today's show! Mary talks about organization, asking the how and why, and moving from the defense side to the plaintiff's side.Her firm/practiceMedical malpractice lawBiggest changes were in 2003 tort reformNow paying attention to SB6 relating to immunity of healthcare providers in treatment of COVID patientsAlmost every one of her cases was on hold last spring/summer, but then everyone adapted and many of the cases were able to progress, and had her first in-person trial last monthSome cases settled quickly for not wanting to wait forever to get into court, but others just held out since there wasn't any pressure of a pending trial to encourage a settlementHaving worked on the defense side of the personal injury docket is a plus for a plaintiff's firm: communicating with an adjuster, moving cases forward, etc.But you do have to adjust to a more proactive approach since the plaintiff's side drives the litigationGetting away from the billable hour requires a change in mindset from checking a box on time to accomplishing specific tasks/goals regardless of how long they take.Advice to lawyers in practiceOrganization has been key for herEvernote!Find a way that works for you; there isn't a one-size-fits-all way to accomplish the goals for the clientIf your partner takes the time to explain, teach, share reasons/rationale with you, listen and engage. Or if they aren't, ask! That demonstrates your curiosity and interest in understandingAlso can give you a chance to demonstrate what you've done so farestablish rapport with partnersunderstand context - if there is an urgent deadline this might not be possibleDon't take fake-it-till-you-make-it to an extremeHave confidence, but understand when you don't know something and need to ask questions and learnMuch of your business will come by referrals, so maintain connectionswith others in your fieldwith former classmateswith other lawyersAdvice to lawyers on the lateral marketTailor your resume to the specific position you are applying toshows that you really want this job and aren't just looking for a jobthis can also help you think through whether or not the position is the right fit for youThe firm is looking for how will the candidate interact with clients, judges, etc. based on how they are communicating in the interviewInterviewers are also trying to determine whether they want to work with the person day-in and day-outCandidates should be thinking about that same thing; do you want to work with this group of people?Doesn't mean they are looking for the same type of people; but rather a group who can work well together and get along togetherFinal ThoughtsRemember the human side of things; clients are often going through one of the most challenging times in their livesEveryone grieves differentlyEveryone responds to stress differentlyRapid Fire QuestionsName one trait/characteristic you most want to see in an associate: hardworkingWhat habit has been key to your success: organizationFavorite app/productivity tool: EvernoteWhat would be listed first on the interest line of your resume: travelFavorite legal movie: To Kill A Mockingbird / My Cousin VinnyThanks again to Mary Green for joining us on today's show!

Robert and Daniel talk about when the courts are wrong, a lot of things that didn't age well, and a surprisingly high number of deaths for a movie like this.The Pelican Brief IMDb: https://www.imdb.com/title/tt0107798/?ref_=vp_backAll The President's Men IMDb: https://www.imdb.com/title/tt0074119/?ref_=nv_sr_srsg_8Robert on Twitter: @rcallahanwacoDaniel on Twitter: @danielhare

Jim Chester, a partner at Klemchuk and a business and technology attorney, joins me on today's show. Jim talks about entrepreneurship, finding a fulfilling career path, and deadlines, deliverables, and budgets.His firm/practiceBoutique technology law firmFocuses on business transactions working with small and mid-size companies at all stagesSome others in the firm do patent and IP litigation workThere is always something new, especially with technology company clients (he also does some international / trade work which is always evolving)Cybersecurity and data privacy are major issues he works onGDPR for all of EU and California's law are importantOther states are starting to come onlineThere isn't a federal lawNot enough enforcement actions yet to know exactly how these are applying; creates uncertaintyHis career path?Tried a bunch of things in law schoolDidn't enjoy litigationStarted career as an international business / trade lawyer (wrote his master's thesis on NAFTA)Sounds sexy, but it isn't.Glorified tax lawRealized he enjoyed working with smaller clients, but they didn't have many trade issuesStarted his own firm to transitionCommercial/transactional IPYou have to invest in yourself early in your career; things that you won't be paid for but help you learn what you like and get better at itYou create a lot of your own luckFour quadrant matrix (Interested / Not interested and Market for it / not a market for it) - get into the quadrant that is interested and a market for itThere has been growth in the business transactions area for them during COVID; people had time and started new projectsLaw doesn't typically embrace change quickly, but COVID forced change (e.g. Zoom, tech, work from home)WSJ article - COVID kickstarted the 21st centurySome of these changes will be silver linings to the pandemicWill require more self-disciplineNeed to completely get rid of the stigma of work from homeHis entrepreneurial venturesLawyer co-working spaceHis own law firmSubscription based model for industry-specific legal formsA few other non-legal relatedAdvice to lawyers in practiceManage your managertake responsibility for your own projectsanticipate what is nextDon't leave a partner's office with an assignment without the deadline / deliverable / budget...the DDBGives you a much better idea as to the scopeDaniel references a The West Wing episodeFind someone who has a job you want 20 years from now and look at their bio (Linkedin)what skills did they obtain along the way?what experiences did they get?Don't try to live to someone else's standard of success; listen to yourself.The choices are based on the idea that he is a lawyer because of who he is (not the other way around)Be a self-starter, creative, entrepreneurialFind a mentorThink about building a book of businessThe first $100k is the hardest$400k to $500k is easierBuild / maintain relationshipsalumni/classmateslocal barFinal thoughtsBe honest with yourself and think in big picture terms as to whether you are in the right placeRapid Fire QuestionsName one trait/characteristic you most want to see in an associate: IngenuityWhat habit has been key to your success: delusional level of confidenceFavorite app/productivity tool: ThingsWhat would be listed first on the interest line of your resume: spending time with familyFavorite legal movie: To Kill A MockingbirdThanks again to Jim Chester for joining us on today's show!

Reagan Riddle, partner and board certified family lawyer with Armstrong Divorce and Family Law in Dallas, is our guest on this week's show! Reagan talks about starting your own firm, finding a mentor, and how to not take losses personally.Her firm/practice:Started the new firm with partner Rebecca Armstrong two years agoAll family lawWanted to create a different environment for employees and utilize technologyCurrently all female law firmDo things like bring in masseuses to give massages to everyone after a big trialModeled their firm almost more like a tech firmClient-focusedGotta have both the business-owner hat and the lawyer hat on all the timeIf you are thinking about starting your own firm, you should do it!Good to have a friend to do it with so you can ask each other questions, split the admin work, etc.Family law hasn't slowed down over the past year; and things are even busier nowCourts did a pretty good job of clearing dockets using Zoom/Teams/etc.saved clients moneyhoping this continues post-pandemicthough nothing is settling right nowDad's groups were pushing for the family code to switch to an equal possession schedule as the presumption for what was best for the child (HB 803 - died in committee)Advice for lawyers in practice:Find a mentorhelps you grow your own ability/skillshave someone to bounce ideas off ofgreat to have an outside perspectivekey to have someone within your firm, though you could also have someone outside your firmJump in when given an opportunity, even if you don't feel readyDon't take it personal when you don't get everything you want at trial or you feel like you've lost; you don't get to pick your facts and you have to try your best to put those in front of the court in the most effective waySometimes the judge won't agree, and there isn't anything you can do about itShe used to come home feeling defeated in those circumstances, but doesn't anymore and you shouldn't either!(Reminds Daniel of the James Howard episode when we talked about this)Show a desire to learn, get better, and grow; be hungryGet involved in the community/charities/etc.Can't get sucked into all of the emotion of the client; you have some level of empathy, but can't feel as though everything is happening to you. You can't help them if you are in the same emotional level as they are.Advice for lawyers lateralingdemonstrating experience in the areabouncing around from firm to firm is a red flagthis could me more of a family law issue; it makes them think you just don't like family lawyou have to be personable and communicative; lots of time on the phone with clients and opposing counsel; can't be too shy/quietagain this may be more family law-specificFinal thoughtsDon't miss out on the fun/joy of being an attorneyThe opposing attorney is not an enemy; you will likely see them on multiple cases, at bar events, etc. so build/maintain those relationshipsRapid Fire QuestionsTrait or characteristic you most want to see in an associate: eagerness to learn and participate / proactiveWhat habit has been key to your success: being good with people; talking/understandingFavorite app/productivity tool: RemarkableThe first entry on the interest section of your resume: New mom so none! / Food (Go check out The Charles in Dallas!)Favorite legal movie: The RainmakerThanks again to Reagan Riddle for joining us on this week's show!

Stephanie and I talk about the NCAA v. Alston Supreme Court decision, NIL, and what is ahead for college athletics.

Judge Marilea Lewis joins us on today's show! Judge Lewis served on the Dallas bench for 25 years, and is now a partner at the family law boutique Duffee + Eitzen. Judge Lewis talks about the importance of preparation, how to impress a judge, and finding the right side of the confidence/arrogance line.Her firm/practiceBoard certified in family law (for 25 years)Small boutique firm almost completely family law; the firm also does a little school lawPractices with her son Hunter LewisDuring the pandemic many people have spent more time together than usual, which hasn't always gone wellWaiting to see what the legislative changes are and the impact of the changes to the discovery rulesIn the past, 194 disclosures and accompanying documents might have taken 60-90 days, but now having to do it within 30 days of the answer being filed is significantJudges have adapted so easily to Zoom, which has been a big assist to the docketing systemIn-person hearings are supposed to start soon, and in-person jury trials could begin again as early as July (though criminal cases will happen first)Tarrant and Denton are a little ahead of that paceLooking ahead, some judges are going to handle prove ups and short motions will continue to be done by ZoomShe has learned how to marshal the evidence and managed her time betterAdvice for lawyers in practicePreparation is keyshe sees attorneys who aren't as prepared as they could besometimes that can be a financial issue, but there is still a level of prep required before heading into the courtroomfacts thoroughly fleshed outThe practice area and the law is always changing, so important to be aware of thatNeed to be familiar with the current case lawIf you argue something that has been reversed or refined, it doesn't impress anyoneDon't make frivolous arguments; make your best argument and then stop; if you have nothing to say then sit down!Please don't argue with the court...."with all due respect your honor..."Don't snatch defeat from the jaws of victory!Important to get the court to rule. From there you can take steps as the attorney to mitigate, appeal, etc.The best way to build a client base is through word of mouth (i.e. satisfied clients who refer you to someone else)manage client expectationsadvise client wellalso getting involved in community and organizations and invest your timeWhen you are doing good work for clients you are doing business developmentAdvice for lawyers who are lateralingDemonstrate people skills in your resume/cover letter; what have you been involved with?Strong academics are great, but that's a very small percentage of people. So she wants to see someone who shows a commit to the area of practice, and learning that practiceShe has seen strong letters from 5+ year attorneys who haven't practiced family law but communicate a clear change in directionFamily law is not an area most lawyers want to go in, so it is important to show that interest/desire. Great story from years ago about a firm partner who wanted to hire her into the firm to start their family law practice because she was a woman.Be on time for a job interview!Don't come into a full-time position interview wanting to work 20-30 hours.It's okay to ask about policies in a general sense and expectations the firm has of their associates.Be prepared to answer questions about why you should be a candidate for consideration.Giving an indication that you might not stay very long is a red flag, and it also becomes apparent in the work product (leaving every day at 5:30 on the clock; don't volunteer to help out on a project; they are marking time; don't get involved in making decisions and contributing)Final thoughts/wordsThere is a fine line between projecting confidence and being arrogant. Be on the side of confidence! Ask someone you trust to tell you the truth.Everybody has something to offer; focus on your strength.Rapid Fire QuestionsName one trait/characteristic you most want to see in an associate: honestyWhat habit has been key to your success: tenacityFavorite app/productivity tool: ZoomThe first item you would list on the interest section of your resume: Family and DancingFavorite legal movie: To Kill A Mockingbird / Movie Verdicts episodeThanks again to Judge Marilea Lewis for coming on the show!

Colbie Campbell, construction lawyer and partner with Slates Harwell in Dallas, joins us on today's show! Colbie talks about lumber prices, the importance of being adaptable, and practicing in a niche area.Her firm/practice12-13 lawyer boutique construction law firmfounders came over from (Foley) Gardere in 2013She has been with the same people for most of her practiceClients are usually general contractors/owners/developersPractice encompasses transactional AND litigationHer practice is more litigation, though it can ebb/flow with how the industry is going (what is begin transacted versus what is being litigated)She also does some intellectual property (IP) work with her clientsMajor issue with her clients right now is the price escalation of materials (lumber in particular), which can cause problems with large differences between bid prices and actual cost.Supply chain is also an issue, as builds happen in a sequence and major delays can result when components don't arrive on scheduleWhen these things happen, look to the contract! What's in there?! This happened last year with tariffs.There are also a lot of conversations that happen between the GCs/subs/etc. to try and work things out when things happen out of either parties' control.Going forward contracts will have language addressing pandemics, COVID, etc. to try to account for it up front. Including additional costs such as PPE in order to allow people to work safely.Everyone had to become an employment lawyer in the past year.Advice for lawyers in practiceAdaptabilityShe came out in 2008-09 during the recession, and was forced to adapt to a difficult environment and make herself valuable so she could keep her job.Learning to work with different partners and partner personalities and stylesshe worked with a micromanager and a delegatorDaniel refers to the Jered/Wendy episode talking about understanding each partner's approachManaging expectationsBetter to communicate and let others know if there is an issue, problem, delay. Strong communication with the partner enables strong communication with the client, which helps keep reality and expectations in line.Get into the driver's seat for the development of your professional careerIf there is a partner that you work well with, go ask for more work from them!If there is a case you want to work on, go ask for it!If there is a skill you want to develop, go ask for the opportunity to learn it!Partners may say the door is always open, but that still means you as the associate need to go to them!Daniel recalls prior advice of associates needing to go out and get work; don't sit in your office and wait for the work to come to you.It's both important to make sure you get all your hours AND to pick the type of work you want!It can be scary to go to a niche firmDaniel talked about fear of getting pigeon-holed.In construction law, you are learning how to litigate, so those skills are transferable. You just get extra knowledge in terms of how the construction industry works. That may not help you in another type of firm, but it won't hurt you.You can take advantage of the opportunity to gain more experience earlier in your career in firms like this.Their firm has a huge range of cases monetary valueFailure to communicate is the number one issue that associates need to focus on, and a place where they can get into troubleit is one of the core values at their firmwhen a mistake is made, trying to fix it before communicating can be a problemif you see a legal issue that the team might be missing, raise it!Advice for lawyers who are lateralingDemonstrate construction law experience OR interest if you are going to a construction law firm (but this would apply to most/any niche areas)Be prepared to talk through your various job changes, particularly if there are a lot of them. Usually not a deal breaker, but likely will raise questions. The interviewing firm doesn't want to simply be the next firm on your resume that you worked with for 6-12 months.Also be careful with your explanations that you don't throw former employers under the bus; that doesn't usually go over well.Small firms will often have a tight-knit, family-style culture. So interviewers will be looking for good fits for their culture.Each firm will likely have some skills/experiences/credentials that are necessary (i.e. price of entry), but if the fit isn't there, the resume won't be able overcome it.Final thoughtShe is passionate about mentorship, especially with women. Seek both a mentor and a sponsor. And when you can become a mentor or sponsor, pay it forward!Mentor - helps you learn how to practice lawSponsor - advocate/promote you in your careerRapid Fire QuestionsName one trait/characteristic you most want to see in an associate: integrityWhat habit has been key to your success: organization and planning aheadFavorite app/productivity tool: Coyote (timekeeping system)The first bullet in the interests section of your resume: familyFavorite legal movie: Primal Fear; (Our Movie Verdicts deep dive episode)Thanks again to Colbie Campbell for joining us on today's show!

Wendy Larson and Jered Matthysse, "soft" IP lawyers with the Austin firm of Pirkey Barber, join us on today's show. They talk about NFTs, having enthusiasm for your work, and engaging with your law firm partners Your firm/practiceNearly 40 attorneysHeadquarters in Austin with another office in the Washington, D.C. areaFirm founded in 2006 based completely on trademark and copyright law, though it has since grown into other areasNew announcement soon on a new area...exciting!Wendy and Jered have been there over a decadeMoved into a new office on the East side of Austin/I-35all partner and associate offices are the same sizelots of glass to let in lightlots of meeting roomsHot topics in IPNFTs (non-fungible tokens)Their clients may want to get into itOr someone might be infringing on their IP by creating NFTs of artwork depicting their productsNBA Top ShotGary Vaynerchuck / VeeFriendsBefore joining the firm 15 years ago, Wendy was concerned that trademark and soft IP law was to niche and that she would be pigeonholing herself. But it is always changing, growing, adapting, and it has made for a fascinating practice area.You don't need a hard science background to work in soft IP - Wendy was a psychology major!That said, there are patent lawyers who practice soft IPThe best laterals usually have a few years of litigation experience, with an expertise in writingThere are some lawyers who do more counseling/transactional side while others do more of the litigationCOVID update (as of May 13, 2021)First few months were one phasePhase two, as people got used to it, moved on to using Zoom, etc.Some clients have done well/better during the pandemic (grocery, delivery, etc.); others have struggled (restaurants, entertainment)Didn't see a big drop in transactional work, but litigation did slow downRemote work has certainly taken center-stage; will be with us after the pandemicOpens up talent pool to folks outside of AustinAdvice for lawyers in practiceUnderstanding that all partners practice differently; there isn't one right or wrong way to practiceSo learn how each partner practicesEmails? Interactions with clients?Could be 180 degrees different from another partnerLou Pirkey is one of the founding members of their firm and is awesomeHe noticed a gap in the trademark law field (nationally) and suggested that Wendy become an expert in that areaIt wasn't something she was interested in and she didn't feel quite ready to jump into something like that, but she still remembers that and wonders what might have been had she followed his advice!He also encouraged her to take another lawyer (outside the firm) to lunch every weekLove what you do; partners notice! If you love it, you are much more likely to do a good job.Take initiative; don't make the partner follow up with you all the time.Don't make the same mistake multiple times; learn and improve! A mistake is okay, but if it continues to happen that is a bad sign. Makes the partner feel ignored and that they aren't being listened to.Don't just take edits from a partner and implement them without thinking; engage with the edits and discuss them with the partner to make sure you are on the same page and there isn't something missing.This doesn't mean you are pushing back on everything, but you are working through the material as a team. So if you disagree with the edit you should say so.Goal is to refine and get to the best product; won't happen if the associate acts like a robot.Definitely depends on the partner since they are all different.Advice for lawyers looking to lateralIf the firm is interviewing you, that means they think you can do the work. So they are looking to figure out whether the candidate is a good fit with the firm and the rest of the attorneys.They are looking for people who are kind, not mean, want a family life, and are excited about trademark law.They want to make partners out of each person they hire, so that impacts the hiring decisions.Final thoughtsWendy made partner in her eighth year, has two kids, sits on the management committee, etc.She is happyShe has hobbiesShe spends time with her familyIt can be done!But not at every firm, so look around and see how the other lawyers live.Leaders at law firms should take stock and see how their lawyers are doing and make adjustments to make their people's lives better.Rapid fire questions (Jered / Wendy)What trait do you most want to see in an associate: enthusiasm / joyWhat habit has been key to your success: enthusiasm / relationshipsFavorite app/tool: Slack / SlackFavorite social distancing activity: Zoom Escape Game / painting from home on ZoomFavorite legal movie: The Firm / Legally BlondeThanks again to Wendy Larson and Jered Matthysse for coming on the show!

Michael Clinton, personal injury lawyer with Perdue & Kidd in Houston, joins us on today's show. Michael talks about utilizing various presentation mediums, the importance of volunteering, and how to prep for an interview.His firm/practiceBroad spectrum of personal injury casesone-off injury casesmedical malpracticemedical product/pharma/mass tortJim Perdue, Jr. is president of the Texas Trial Lawyer's Association (TTLA) and is active in Austin right now fighting for the rights of their clients in front of the Texas legislatureCOVID update (as of May 13, 2021)They were already taking depos by Zoom before COVID hit, and they generally are technologically advanced, so it was a fairly smooth transition when COVID required itYou have to be able to present material through a number of different mediumsThey never wanted to be the reason a case slowed downWhen using Zoom, slow down. Control your cadence. Think through how you are going to present exhibits to the witness; it might look different witness to witness.Expect to continue using Zoom moving forward, though hopefully not for jury trialsStory about 14 person mediation by Zoom that settled in one day; without Zoom it could have taken much longer just to get 14 schedules alignedAdvice to lawyers in practiceAbility to take massive amounts of information and synthesize it, break it down, and teach it, is criticalsince most of their clients have never gone through something like this before, and probably/hopefully never will againStart now re: volunteering/community service. Michael volunteers with The Forge for FamiliesIt's also an investment in your mental health; helps to deal with stressGo to your Young Lawyers Association, Bar Association, Inn of Court, or your local law school to find ways to get involved and find a place to serveIf your firm won't give you the flexibility to volunteer, ask yourself if that's somewhere you want to workTake initiative; don't wait for instruction; don't be afraid to fall on your face; confident; ask questionsDon't spend more than 10 minutes at your desk wondering what it is you should be doing or stuck on somethingObserve and understand the firm culture and how partners expect their associates to workAdvice to lawyers in job seekingResume should be clean and organized; error freeWhat experience did you go get in law school or in practice? This matters as much or more than GPAsLook at what the firm does, and look at what they've done recently.Did they just get a big verdict? Reversal at the Supreme Court?What do the lawyers do outside of work?Be able to answer the question "why do you want to work here?" not just at this "type" of firm, but this specific firm with this specific group of peopleHe always asks "What do you want to get out of this?" in an interview.Final ThoughtsBig Brothers/Big Sisters volunteers professional board is an option for volunteering; don't have to be a mentor but can still serve and support the work they do. Email Michael"Stress" is good when it is managed appropriately, so do the things required to manage it (physical fitness, volunteering, etc.)Rapid FireName one trait/characteristic you most want to see in an associate: taking initiativeWhat habit has been key to your success: time managementFavorite app/tool: calendarFavorite pen: Pilot V5Favorite social distancing activity: golfFavorite legal movie: A Few Good MenThanks again to Michael Clinton for joining us on today's show!

Charlie Roadman, partner with Roadman & Espiritu in Austin, joins us on today's show! Charlie talks about overcommunicating with your clients, the importance of empathy, and taking advantage of tools and technology.His firm/practiceCriminal defense attorney for nearly 20 yearsFocuses on DWIs/misdemeanors; 3rd degree felonies and downNew DA and County Attorney in Travis County; ran on fairly progressive ideas and they have been implementing those thingsmore pretrial diversion programsCounty Atty handles misdemeanors and the DA handles feloniesIn surrounding counties (usually smaller) the DA handles bothCOVID update - as of May 13, 2021)Travis County has 13 criminal courtrooms, and right now they are still down at just oneWent from 600-700 people in the courthouse every day to 30Without court dates to bring together the defendants and their counsel, it is much harder to stay in touch with their clientsWe're always three months out from reopening the courthousejuries are the biggest issueplans to do voir dire in a large venuePeople have still been getting arrested steadily; biggest difference has been its much easier now to get a court-appointed attorney (courts aren't concerned about the proof of inability to pay)Advice for lawyers in practiceDo the things that the client has to do yourselfHe takes the classes that the clients are going to have to takeHelps him explain/educate the client betterReduces the anxiety of the client and they are more likely to do itPut yourself in the client's shoes; have empathy for themClients face a variety of obstacles; get to know what those are and figure out how to solve that problem.Don't wait for something substantive to happen to communicate with your client. Overcommunicate. Let them know you are thinking about them, their case, etc. If nothing else, it let's them know you are working on their case.Even if there isn't anything they necessarily need to know.When a client hires Charlie's firm, he begins sending them a 20 email sequence that is essentially life coaching material with podcast recommendations, book recommendations, etc.Make sure you are comfortable with the new digital tools that are available; continue getting educatedVR and 360 photos are going to be commonplace soon.He has gotten several cases dismissed after showing the prosecutors a headset with a 360 photo that helps their caseAdvice for lawyers in the job searchInterest section is important!Helps to identify team compatibilityMost helpful if it is something specific/uniqueTailor your materials to the job!Example of candidate who had found his favorite movie and included a quote from the movie in a cover letterOn his book The Defendant's Guide to Defense - How to Help Your Lawyer Get the Best Result (Misdemeanor Edition)Inspired by Gretchen Rubin's four tendencies/types of peopleUpholder - follows internal AND external rulesObligers - follow external rules BUT not necessarily internal rulesQuestioners - won't do something unless they know whyRebels - will do what they wantLots of Questioners in criminal defenseAs soon as he explains why the clients need to do something, it gets a lot easierRapid fire questions:Name one characteristic you most want to see in an associate: problem solvingWhat habit has been key to your success: finding ways to be creative in explaining thingsFavorite app/productivity tool: Mindmaps / iThoughtsFavorite pen: Macbook AirFavorite social distancing activity: driving around with his teen daughter listening to musicFavorite legal movie: Trial of the Chicago Seven Thanks again to Charlie Roadman for joining us on the show!

Danielle Ahlrich, partner and tax litigator with Reed Smith in Austin, joins us on todays show! Danielle talks about going from a boutique to Big Law, understanding how your piece of the puzzle fits, and how the next generation of leaders thinks about work-life balance.Her firm/practicePartner at Reed Smith in Austin; international law firm that does everything on the civil side2000 lawyersShe is in their state tax group for TexasHelping businesses with Texas sales and franchise tax mattersIf a business is under auditTo prevent an auditSales tax is over 50% of Texas' budgetShoutout to Amanda Taylor (listen to her episode here!) who helped her get a position in a boutique state tax litigation law firm after spending some time in state governmentThe practice is heavy on statutory construction, not as much on actual taxation/math as one might assume (if you are on the controversy side as she is)Allows her to practice at the trial court level all the way up to the Texas Supreme CourtShe doesn't even do her own taxes!Joined Reed Smith in January after being at a boutique, which is the opposite of what most people doShe wanted to grow and have some larger opportunities with companies who have tax issues all over the country as opposed to just in TexasThe reality is most large companies choose to use large law firmsThe pandemic gave her the clarity, space, and courage to make the move.No straight career line that is the same for each lawyerReed Smith operates much more through practice groups, so she reports up through the state tax group which is located in other offices as opposed to Austin.Which means Austin colleagues are in a variety of practice areasCOVID update (As of 5/5/21)Travis County has been doing a LOT of things remotely and keeping cases movingReed Smith is putting together a new policy regarding how we work post-COVID.Expects there to be a mix of in-office time and remote timeWill be an office to office questionAdvice for lawyers in practiceIs the associate trying to understand how/where this assignment fits into the larger case / how their piece fits into the larger puzzleMuch more likely to get back a work product that is plug and play (e.g. drop their work into the motion/brief)The result will be a better refinement of the research and/or a more direct applicationExample: if estoppel is raised, she doesn't need a primer on estoppel, she needs to know how it applies here.Take ownership of cases and be mindful of what is coming nextTHE due date is not YOUR due date! The partner may need to review/revise; clients may need to approve or provide feedback, etc. before the submission/due date.(Jennie Knapp talked about this as well!)Advice for lawyers in the job huntStart right now to build a network; curate people in your life who will help you achieve your goals and/or make you a better personMother Attorney Mentor Association (MAMAs) - active Facebook page that is helpful on so many issues.PracticalKeep a master list of where you've been and what you've been doing. Good for a conflicts check too. Can be used to construct your resume as well as supplemental materials such as a list of representative cases or deals, presentations, papers, etc.Keep a brag book with kudos or thank yous from colleagues, clients, etc.On work-life balanceHave a big-picture focus. Don't look at it daily or weekly. Some days and weeks won't be balanced. Monthly or yearly is more realistic.Need to get rid of the toxic work culture that doesn't have any boundaries; it needs to come from firm leadership. Optimistic a new generation of leaders will have success making these changes."A boundary is a place from which I can love both you and me simultaneously." - Prentis HemphillChoose a position and role that allows you to do the work you want while balancing the other parts of life according to your values.Example about whether or not vacation time is real in a specific firm.Rapid fire questionsName one trait/characteristic you most want to see in an associate: coachableWhat habit has been key to your success? calendaring deadlines when they come in and always setting up a two week reminderFavorite app/tool: N/AFavorite pen: Pilot G2 1.0 / blue (no fine points where you are chiseling in stone; need some glide!)Favorite social distancing activity: 5am walks in the dark with a podcastFavorite legal movie: A Time To Kill (also loves My Cousin Vinny and Legally Blonde)Thanks again to Danielle Ahlrich for joining us on today's show!

Robert and Daniel talk through race, justice, children, do no harm, innocence, and more in this deep dive of an all-time literary and movie classic.

Jeff Domen joins us on today's show! Jeff is a shareholder and family lawyer at GoransonBain Ausley in Plano. Jeff talks about being a creative problem solver, differentiating yourself in an interview, and the importance of finding a mentor.His firm/practice:Family law boutiqueThree offices in Plano, Dallas, and Austin28 lawyers and staffAlways looking for creative options to resolve conflict; if it can be done without litigation...great! If not, we'll go to the courthouse. Important to be able to do both.Family law deals with a wide variety of legal issuesreal estate/propertycontractprobatebusinessLoves working with individuals in a one-on-one relationship and help them through difficult circumstancesClientele has bene changing and wanting more for lessdays of lavish law firms with big/expensive offices and spaces are going to be a thing of the pastPeople are used to getting information fast, and they want that from their lawyerCompetition with family law court forms, Legal Zoom(s), etc.: need to be able to address itCOVID was an accelerator of the flex/remote workCOVID Update (April 21, 2021)Most people are caught up with doing most things by ZoomAnd now some courts are starting up to open upOpportunity to still get in front of a judge and have conflicts addressed with less cost and timeNo Plano jury trials still so we don't yet know what that will look likeHe was very comfortable in the courtroom, so moving it all online with tech was difficultneeds to have an associate/paralegal/clerk with him so they could handle the docs and evidence in the technologyThis is an opportunity for you to add value to places where you're going to go and work; be the expert on the tech!Advice for lawyers in practiceFirst boss told him about a great associate: come to the law firm hat in hand willing to do whatever it takes. Willing to do a great job and to help make the law firm/partner money.Don't display a chip on the shoulder or sense of entitlementDon't try and be anybody other than who you are, because whoever you are, you are going to do that better than everybody elseThis will also help you in business developmentHe is active in his church and involved with his kids' schoolsMore business developmentYou can sometimes help with your work/life balance by finding things you can bring your spouse/significant other toThis also can help with the business development because your spouses can connect with people that maybe you can't!Grabbing a friend to go to an event is almost always better than going alone; so many benefitsIf you aren't getting your hours because you aren't busy, go ask the partner for workBreak down your hourly goals for the month/year into daily goalsAdvice for lawyers seeking a new jobLawyers/partners hate the hiring process; feels like a time suckBe different from everyone elseWalk into an interview like you own the place (not cocky), in the sense that the partner can be confident they can hand a case to you and it will get taken care ofHe has never had someone come up to the firm and ask to drop off a resume in person and say hi for two minutes. That would be something. Guaranteed interview.Shows they really want to do this.MotivatedDo what it takes to get the job done.He can tell when a cover letter is a form letter; do a specific one!Final thoughtsGet a mentor. Doesn't have to be at your firm, but it needs to be someone you trust.There's a balance between asking questions and asking GOOD questionsSet up a time with your mentor each week/month to ask these questionsDo research yourself before asking questionsRapid fire questionsName one trait/characteristic you most want to see in an associate: hard workingWhat habit has been key to your success:Favorite app/legal software: CenterbaseFavorite pen: Arteza / blue felt tipFavorite social distancing activity: HuntingFavorite legal movie: I Am SamThanks again to Jeff Domen for joining us on today's show!

Alex Bell joins us on today's show! Alex is a Senior Attorney with MacDonald Devin in Dallas, and he talks about going from criminal law to civil law, how you are always doing business development, and what adding numbers to your resume can do for you.His firm/practiceGeneral/full-service defense firmHis group focuses on defending architects and engineers, and working on construction projectsCould be litigation re: professional liability or contracts with acquisitionsStarted his career in D.A.'s office in McLennan County/WacoGot into the courtroom and got trial experience right awayDoesn't pay like the civil side obviously (but better hours and more days off)Gives you the experience of living out of the courtroomStarted trying cases within weeks of starting there; always in front of the judges and work closely with the criminal defense bar, so helps you develop relationships and soft skills in handling casesWhen he wanted to return home to Dallas, he found an opportunity with Fletcher Farley who has a lot of former DAsMuch of the construction world has experienced a COVID slowdown, and that impacts his clientssafety best practicesdealing with project delayscounseling clients on the front-end in hopes of avoiding litigationShould employees be required by their employer to be vaccinated before returning to in-person work? What does that policy look like?COVID Update (April 7, 2021)In the past month or two he has had two in-person depositions, which felt strangeWill still lots of Zoom hearings/depos/etc.Some hope that jury trials are on their way backFor the past year, it's basically been a full-stop except for some small casesHarris County starting jury selections soonHoping to be back completely at the start of 2022Need to keep jurors safeOnce everything is back, it will probably be a case by case decision re: whether to do in-person v Zoom deposHe likes Zoom depos; forces you to be organized; ensures everyone is looking at the same exhibit when it is being discussedHow can we incorporate those benefits into an in-person environment?Why fly and stay overnight for a one hour depo? Probably won't make sense moving forward.Hopes judges will keep Zoom in place for quick hearings too.Advice for lawyers in practiceUnderstand how the task you are working on fits into the bigger pictureLook backwards; how are the questions I am asking in this depo going to fit with what we want to prove at trial? What do they and we need to prove, and how can I get what I need out of this depo?Over time, you should learn how to do a bundle of tasks and how to lead others to help if it's a multi-person task; have to know how everything fits together for this to work.Helps to have insatiable curiosity, which might mean knowing the file inside and out (the entire file not just what you are working on) as well as asking colleagues and partners about the case, strategy, etc.Ask the person who assigned you a task what the purpose/strategy is behind itAsk to go sit in on a hearing/depoThere is even more importance now on the written work productIt is how you make a first impressionWith COVID judges are limiting hearings, etc. and instead are making decisions based on submissionHelps to develop a strong reputationHow you address errors/mistakes is important; credibility on the lineKnow what judges likeone judge likes to receive notebooks with everything in in; so that's what he does when they have that judgeRe: business development: you are doing it all the time, whether you think you are or notbusiness development is nothing more than building relationships and your reputationcomes from colleagues, opposing counsel, classmates, insurance adjusters/managersAdvice for lawyers in the job huntLooks for relatable work experienceHow much experience do you have doing the things you'll be doing here?Sometimes this gets glossed overIf you had a short stint at a law firm or have moved around a lot, be prepared to address itCan the candidate communicate the skills they have rather than the area they have been practicing in?Skills can transfer from one area to another!Subject matter area can often be learnedInclude quantities on your resumeProvides specificity to the experienceGood advocacy on behalf of the candidateShows organization and that you keep track of the work you've doneBe accurate and err on the low sideFinal ThoughtsFind something that you enjoy spending your time doing. If you aren't happy, find something else to do. Keep looking.Rapid Fire QuestionsName one trait/characteristic you most want to see in an associate: curiosityWhat habit has been key to your success: consistency/organizationFavorite legal app/software: Trialpad SuiteFavorite pen: Pilot Precision Precise V7Favorite social distancing activity: walks around the neighborhoodFavorite legal movie: The RainmakerThanks so much to Alex Bell for joining us on today's show!

Josh White, civil litigator focused on construction and business law and shareholder with Haley & Olson in Waco, joins us on today's show! Josh talks about the importance of in-person justice, being proactive, and preparing well for an interview.His firm/practiceConstruction lawBoard certifiedvery difficult examhefty application processgood referenceswhat % of your practice do you devote to construction (so lots of reviewing time sheets!)Mostly litigationReviews/drafts contractsLoves the construction law section in the Texas BarmentorscollegialityconferenceHigh-growth areaAlso does business litigationclosely held company shareholder disputestrade secret casesWill also do some civil rights defenseThe firm also doesbankingcounty/city government representation (Charlie Olson heads this up)The Haley is after Judge Haley and the Olson is after Lyndon Olson, Sr., who was responsible for the one person / one vote case.Waco/McLennan County Barcollegialnot too big to where you don't know all the peoplecan fit the bar conference into a reasonable spaceSeveral of his classmates ended up in WacoGreat location to practice in, as well as to get to the other cities in Texas; accessibility to allCOVID UPDATE (as of March 24, 2021)COVID got real at last year's construction law conferencefirst elbow bumpTexas Supreme Court Emergency Ordersgave lots of discretion to judges, who could modify serious deadlinesAs a profession we are problem solvers, so that was called upon during COVIDHe is in charge of his firm's technology, so it presented a special challenge for him to get everyone, most especially the staff, able to access everything remoteVendors did a great job working with himRemote work/lawyering functions just fine in a lot of waysBut it's still hard on camaraderie when you have to be remote or in the office but with closed doorsThings that are here to stay:Zoom meetings and minor hearings (especially those that just require the judge)Especially true as the courts dig out of a backlog of casesZoom mediations though not as effectiveZoom depositions as an optionOptimistic about in-person jury trials with the proper precautionsImportantThe rule of law and justice system is set up the way it is for a reasonCourthouses sit in the middle of town and have/are symbolsJudge and jury are elevatedJudge wears a robeThese are just traditions; they are supposed to impress upon us the things that hold society togetherCat case - paper from the client's house had a distinct smell; how do you do that by Zoom?Tasting/smelling/perceptionBut Zoom is not the sameCan't look people in the eyeCan't process non-verbal communication the same way8k resolution is nothing compared to what we enjoy every day in real life with our normal/natural sideThe law is resilient and creative; and we are a problem solving professionAdvice for lawyers in practiceGood attitudeWillingness to work / pitch inAffirmatively go around and look for workBe proactive and take ownership of your careerStay hungry/curious/passionateIf you aren't able to do that, you need to make a changeAdvice for lawyers in the job huntHe has handled the summer clerk program for years and can speak to thisIf a candidate's questions indicate they have done their homework, that's a great startDon't go in talking about practice areas the firm doesn't doShow a willingness to be a go-to person for awhile even if it isn't the thing you want to do mostCombine a short-term/realistic understanding of the role with your long-term career goalsRapid Fire QuestionsName one trait/characteristic you most want to see in an associate: work ethic/self-assuranceWhat habit has been key to your success: MentorshipFavorite app/productivity tool: Things (Mac App); Evernote; Timeline3D (BDocs)Favorite pen: Energel Liquid Gel Ink; Uniball Signo (good for signatures); Matthew Budderick's Topography for LawyersFavorite social distancing activity: Virtual Concerts (Andrea Bocelli)Favorite legal movie: The VerdictThanks again to Josh White for joining us on today's show!

Brandon Waddell, construction lawyer and managing shareholder at Waddell Serafino in Dallas, joins us on today's show. Brandon talks about representing design professionals, your one reputation, and the importance of integrity.His firm/practiceRepresents design professionals (architects, engineers, etc.) from the start of a project (contract drafting) to litigation matters pertaining to professional liabilityBrand new offices with lots of collaboration space and a massive coffee bar.Hot button topic right now is the doctrine that allows contractors to be liable for the conduct of design professionals. Texas is the only one that has it, and a current senate bill 219 could do away with it.COVID update (as of March 24, 2021)Fortunate to have a high-tech firm that was already virtually paperlessTough to replace site visits for investigations but have adapted with technologyAdvice for lawyers in practiceYou have one reputationTry to think if you were the shareholder, how would you want an associate to handle this projectDon't come in and say "what do you think about these legal issues," instead say "Here is what I think about these four legal issues and the strategy I think we should implement to address them."Be proactiveBe a professional; get your work done whenever/howeverIf you mess something up, tell someone. Don't try to hide it. It's an integrity issue. Perfection isn't the standard.Take advantage of the collective wisdom of your colleaguesAdvice for lawyers on the job searchIn his practice, you are going to have to learn architecture, engineering, etc., so he looks for people who are learnersJust because you graduated law school doesn't mean you are done learningIf you love the Discovery channel, great, because that's 50% of the practiceIntegrity; looking for people who are true to themselves and true to the firmLooking for a good fit; it's a family at their firmHe is the first one to talk in interviews, and he tells candidates they should be interviewing him as much as anything else. He wants candidates to know exactly what the job is and what they are in for.Candidates should feel comfortable they are going to enjoy the work and enjoy the peopleHe is going to be selling his firm and practice to the candidate, but ultimately the candidate needs be honest with themselves about whether they are qualified and a good fit. You can fake your way through an interview, but you can't fake your way through a jobPeople need to have a passion for the workBefore taking an offer, talk to people in the industry who know you and see if they think you would be a good fit with a firm.Rapid fire questions:Name one trait or characteristic you most want to see in an associate: IntegrityWhat habit has been key to your success: DiligenceFavorite app/productivity tool: SpotifyFavorite pen: Pilot Precise V5 (extra fine for marking up plans)Favorite social distancing activity: playing with his kidsFavorite legal movie: The FirmThanks again to Brandon Waddell for joining us on today's show!

Andy Jones, Plaintiff's personal injury lawyer with Sawicki Law in Dallas, joins us on today's show. Andy talks about the PI practice, the no-jerk rule, getting involved in orgs, and being a person not a billing unit.His firm/practice:Plaintiff's personal injury trial lawyerLocated in Dallas but go all over the stateWrongful death / catastrophic injury / medical malpracticeJust rated AV Preeminent by Martindale HubbleIssues in their practice areaNorth Cyprus issue - discovery that defense attorney can get into with what the facility is charging other parties; paid v. incurred; Heygood v. Escavedo caseChanges in civil procedure rules that essentially federalizes theminitial disclosuresexpertsexpedited actionconflicts with Civil Practice & Remedies CodeGetting into plaintiff's practiceEat what you kill, which doesn't lend itself to larger firmsLots of senior lawyers in the area who are in their golden years and looking for the next generation to turn the practice over toNetwork and find those you have good personality connections withStory about finding client's shoes while investigating a helicopter accident; makes it real; there's a gravity to it you have to be able to handleCan't personalize it to yourself. You can't picture your wife in the hospital bed laying down. That gets too deep. Shouldn't engage in "that could have been me" thoughts. Keeping a professional distance is important; that's what the client is hiring you for...objectivity.COVID UPDATE (as of March 17, 2021)Tech support for clientsLots of depos/hearings/mediations via Zoom; hopefully much of that will stay once in-person returnsJudges like being able to dispose of five motions to compel before 9amConcern about trials though; need to be in person.Advice for lawyers in practiceAndy keeps a list of lessons (email him to see it!)There is no problem you can't fix by talking about itYou can't borrow trouble; don't think about how bad things could be; deal with where you are; focus on the road not the wall (car racing)Don't be an a-hole.goes for firms too; associates don't want to work for jerksDon't say no; first rule of improv; say yesJoining groups/clubs/organizationsbe part of something bigger than yourselfJim Wren said so!There are multiple groups in each of the major cities; find one that suits youBring a friendHave a purpose (professional development? social? could be anything)Have a question prepped to jumpstart the conversation.Advice for lawyers seeking a jobConfidence + competenceIn a small firm, you are going to be doing the work; there isn't a team of lawyers...it's you! So can the firm trust you to talk to clients, go to the courthouse, get access to records/Westlaw, etc.Find a way to be valuableBe a person; firms like his aren't looking for a fungible billing unitRapid Fire Questions:Name one trait/characteristic you most want to see in an associate: loyaltyWhat habit has been key to your success: list making / calendar entriesFavorite app/productivity tool: iCalFavorite social distancing activity: facetime phone call with someone you have never seen in person beforeFavorite legal movie: Breaker MorantThanks again to Andy Jones for joining us on the show!

Jovana Popovich, Shareholder and Estate Planning Lawyer at Fizer Beck in Houston, joins us on today's show! Jovana talks about getting into estate planning, not sacrificing quality for speed, and the need for small firms to find a good fit.Her Firm/PracticeEstate planning boutique. Estate planning/estate administration for high net worth individuals. The firm also has a real estate group, M&A/corporate group, and non-profit group.She fell into the practice. In law school realized she didn't want to do litigation or Big Law. She wanted to interact more with people. Thought at first she might do family law. But later had coffee with a friend of friend who did estate planning. That friend happened to be at Fizer Beck and led to a research internship while in law school. She then took the estate planning classes at UT and wound up clerking and then ultimately getting hired by Fizer Beck.Estate tax exemption amount is always in flux, which means there is always new planning to do. And the question is always when the exemption is going to change and by how much.This also yields more income tax planning.Reminder that in 2010 we had zero estate tax! Check out George Steinbrenner.For those interested in estate planning, think about whether you like tax work, because estate planning is very tax-heavy. Then find a place to gain experience in tax if you can't get immediately into estate planning. Even corporate work can translate.COVID Update (as of 3/4/21)In the beginning, couldn't execute estate plans since it requires original ink signature, witnesses, notary, etc. all in line of sight. So how to do that while keeping everyone safe?Major difference is that all questions have to be answered before the execution ceremony. Pre-covid there would be a pre-execution meeting that could last 30-45 minutes and could lead to tweaks/changes in the plan. But now that all has to be done in advance of the ceremony.When it comes to wills and financial powers of attorney, no appetite from legislature to move to e-signatures.Advice for lawyers in practice:If you send a document to a client, they aren't going to know whether the law is right/wrong, but they are going to notice if their name is misspelled or there is a typo. So attention to detail is really important.Know your own faults and figure out how to fix themHard for high achievers to fail, but you will. And that's okay. You don't have to be perfect. Job in the first three years is to learn, and give a work product to the partner who can make some minor changes and then send it on to the client.Don't be in such a hurry that you turn in a sloppy product. Go as fast as you can while still turning in an error-free product.Write an issues list and then ask your partner which should be explored.Be a self-starter. May not know something but will go and try to figure it out and get as far as they can before asking for help. This helps give them context for a more productive conversation with the partner. Take the initiative to learn.Don't come in and ask "how does this work?" instead say "I think this is how this works; is that right? Am I missing something?"Advice for lawyers interviewing for jobsDon't have any typos in your documentsFor them, having tax experience looks goodThey are a small firm (18 lawyers), so you need to be sociable and able to get along with people. They are friendly and collaborative. Interests/hobbies/etc. are important. Want to see you are a good fit.Also want to see the person has a connection/strong desire to be in Houston long term. It takes effort to train"My boyfriend is getting a job in Houston so I want to be in Houston"...is not a great answer. What if the guy moves to another city?There can be a big firm (don't really care) / small firm (do really care) dynamic here.On Business DevelopmentWork at a firm with a long history where the clients are built in!Find out who your best referral sources are and build those relationships (for them it is CPAs and financial advisors)Speak at CLEs; get on webcasts with referral sourcesRapid Fire QuestionsName one trait/characteristic you most want to see in an associate: detail orientedWhat habit has been key to your success: keep your time as you goFavorite app/productivity tool: timekeeping softwareFavorite social distancing activity: socially distanced picnic in the park with dog/friendsFavorite legal movie: Paper Chase and Legally BlondeThanks again to Jovana Popovich for joining us on the show!

Morgan McPheeters, appellate lawyer with her own firm McPheeters Law in Dallas, joins us on today's show! Morgan talks about launching her own firm, appellate law in the trial court, and Hamilton as a legal movie.Her firm/practice:Appellate lawyer in Dallas who works all over the stateCivil appealsUsually plaintiffs in PI casesIn COA and TX Supreme CourtAlso works with trial lawyers during the trial to help preserve errors, draft jury charges, etc.Especially in more complex casesCan't appeal anything that wasn't preserved at trial, so the trial court is criticalHelps to allow lawyers to focus on their strengths and priorities while having an appellate lawyer to take care of that partMost trial lawyers are men and white, though it hasn't been much of an issue. They have trusted her fully. It is scary for others, anyone, to rely on you to get it right as the "book lawyer."It's okay to not always have the answer in your head; your role is to find the answer.On starting her own firmAs an appellate lawyer, she only needs wi-fi, a laptop, and Westlaw, so it was fairly easy to go out on her own.If you are a PI lawyer, that's harder since you have to finance the litigation.Her prior firm gave her great experience. The culture was "if you brief it, you argue it."There's never the "perfect" time to start a firm/business. It will always be scary and there will always be challenges.COVID Update (As of 3/3/21)Courts of Appeals have done a great job adaptingYou can always write/file briefs, so her work hasn't been as impactedOral advocacy by Zoom is differentShe has had two Texas Supreme Court arguments over Zoom; wifi issues each timeIn real life, you can read the room and figure out when one of the justices is going to ask you a questions; harder on ZoomAppreciates the efficiency and accessibility Zoom has providedObligatory cat lawyer referenceAdvice for practicing lawyersFeedback on your writing/advocacy is a giftYour first draft should look like you killed a chicken on it (red everywhere); this can be hard to take but it is a gift and you should learn from it and improveThe business of the practice of law is different and something you don't learn in law school, and the sooner you learn about it the betterLearning when to say no to new business is a challenge, but sometimes it is the best answerAdvice for lawyers in practiceHave a strong work ethicMake yourself indispensable or a go-to person for something (practice area; admin)Getting involved in organizations relevant to your/firm practice that can lead to new clientsDon't be afraid of getting pigeonholedAdvice for lawyers looking for jobsFor her, she would prioritize people who show strong advocacy and writing skillsDon't have to be at the top of the classBe a lifelong learner; respond to feedback/criticismRapid Fire QuestionsName one/trait characteristic you most want to see in an associate: lifelong learnerHabit that is key to your success: to do listsFavorite app/productivity tool: Calm appFavorite social distancing activity: sewing/costumingFavorite legal movie: Hamilton (the other 51 / why do you write like you're running out of time?)Thanks again to Morgan McPheeters for joining us on the show!

Daniel Hare is the founder and president of Varsity Search, a legal recruiting company dedicated to building great teams by bringing together lawyers and law firms. In this episode, Daniel has curated some of the most mentioned tips from guests over the past year.Standing Out In Your FirmTake ownership / Think through next steps / etc.Turn in work that is ready to file (no first drafts!)Accept/learn from feedback and constructive criticismAsk for work; don’t sit back and wait for it to be assignedAlways be prepared**Take care of your mental health**When sending out resumes/interviewing/looking to moveStay in your current job as long as you canStay in touch with classmates and build new relationships authenticallyThe basics: no typos, grammatical mistakes, addressing to the correct firm, etc.Ask great questions / prepare / demonstrate sincere interest in the positionThe human factor (interests, connection, fun to be around)Productivity ToolsCenterbase or Intapp - timekeeping appsSlackSoulver (Apple only) - quick math (dates, money, back of envelope)Nextpoint - ediscoveryNotability / Smart Apps for LawyersFavorite Movies (# of guests who mentioned it)My Cousin Vinny - 10Legally Blonde - 7A Few Good Men - 7To Kill A Mockingbird - 4The Firm - 3Erin Brockovich - 2The Verdict - 2A Civil Action - 2The Devil’s Advocate - 1The Pelican Brief - 1The Lincoln Lawyer - 1The Exorcism of Emily Rose - 1Runaway Jury - 1Just Mercy - 1Breaker Morant - 1Bridge of Spies - 1Intolerable Cruelty - 112 Angry Men - 1Liar, Liar - 1The Paper Chase - 1The Informant - 1Knives Out - 1You can go to Daniel's Linkedin Poll to vote for which movie he and Robert Callahan will feature on the next Movie Verdicts episode! You can also go back and review all the Movie Verdicts episodes we have already done here.Thanks to Daniel Hare for doing the show solo today!

Keith Jaasma, managing shareholder and intellectual property litigator at Ewing & Jones in Houston, joins us on today's show! Keith talks about practicing IP law without a technical background, avoiding analysis paralysis, and standing out through your cover letter.

Josh Hedrick, high-stakes litigator and founding partner Hedrick Kring in Dallas, is our guest on today's show. Josh talks about adapting to Zoom, not faking it until you make it, and asking great questions in a job interview.His firm/practiceJust opened an office in HoustonBusiness litigation firm focused on trials and trial practice, so it is a broad spectrumBusiness divorcesBreach of contractdeparting employee / non-competesecuritiesclass actionCOVID Update (as of 1/28/21)Impacted everyone in the legal industryWife is an ER physician so he had a bit of a heads up, and got out ahead of thingsSome clients have been impacted terribly; others not as muchForced us to learn new tools/technology; had never heard of Zoom a year agoAdvocacy is different in person v. telephone v. videoCan't just do what you would normally do; have to figure out how to present it via Zoom in an effective wayHave to make sure everything is lined up and ready to goEnsure the right environment around where the hearing is taking place (signs on the doors/windows to keep everyone quiet)Upgrade audio/visual/backgroundSome changes are here to stayDepositions (non-central) by ZoomSome hearings as wellAdvice to lawyers in practiceAnything worth doing is worth doing rightLearn why you are doing it, how it fits into the case, how to do it well, and over time how to master itHave a sense for law as a businessBeing a lawyer is a profession and a calling, butYou need to understand how legal advice fits into business decisions and how the business side worksUsually something you learn over time; how each element of the practice is cost-effective for the clientOn business development:Before a lawyer can effectively develop business, you have to master the competencies of being a lawyerOnce you've done that, then you can start thinking about marketing/promoting/selling your servicesWhile developing as a lawyer, maintain your network and surround yourself with people that you like and enjoy visiting with.This will not only help you eventually when developing business, but also just helpful as a growing lawyer in generalDoing these things will put you in a good place to develop business.Some elements are unique to practice areas.On ways to stand out:SkillStrong writerAdvocateWillEasiest to evaluateWork ethic, curiosity, motivation, desire, diligence, coachable, desire to learnDon't have to be a brilliant legal scholar to ask questionsBiggest mistakes associates makeNot asking questionsFake it 'til you make it is BAD adviceAssociates are sometimes afraid to ask questions; don't be!Advice to lawyers who are job seekingAlways hard to look at just the paperAs trial lawyers, big fans of mock trial and moot courtIf not long out of law school, grades are still importantThe longer a candidate is out of law school, the more their experience matters and the academics don't as much.Looking for those who are at competitor/peer firms since that is the most translatable experienceLikes to see people who enjoy competition and succeedingathletes, etc.By the time a candidate reaches the interview stage, on paper they look like a good fitWhat kind of questions does the candidate ask?If they don't ask questions, it's a bad signDo more than surface-level researchRapid Fire QuestionsName the one trait/characteristic you most want to see in an associate: diligenceWhat habit has been key to your success: persistenceFavorite app/productivity tool: SlackFavorite social distancing activity: Spending time with kidsFavorite legal movie: 12 Angry MenThanks again to Josh Hedrick for joining us on today's show!

Gwen Walraven, a litigator and partner at Bell, Nunnally & Martin in Dallas, is today's guest. Gwen talks about the positives of remote hearings, the practice of law, and putting those interests on resumes.Her firm/practiceWent to Bell Nunnally straight out of law school and has grown up in the firm and become partnerGeneral commercial business litigator. Does a lot of creditor's rights and probate work, business divorces (LAUGH AT 1:20 THAT I NEED TO EDIT OUT OR ADD MY OWN IN)They are full-service to provide nearly all of a businesses' legal needsCOVID update (as of 1/28/21)Firm has been at the forefront of being back in the office and open since May 2020 (not mandated/required); most of the partners like to work in the office, so they have taken advantage of being 50% in the office to adhere to the governor's ordersLots of plexiglass in the office to protect people; temperature checks; other protocolsClients have been asking lots of questions about how they can open back up, protect employees, etc.With economic downturn there are always breaches of contracts, leases, as well as force majeure litigationFirm has continued to be busy, and they have hired five new lawyers during the past yearShe hasn't been back in the courthouse since last year, and every hearing, etc. has been onlineThere is a time/place for remote hearings and they aren't all badWouldn't want to try a case, or do all hearings that way, but it can give younger lawyers the chance to be more involved (no extra expense of travel/wasted time)Stories from virtual hearings (judge not turning on his video/black box only; getting sworn in to attest to information being shared on screen to save time/money)Foreclosure suspensions have an impact; bankruptcy is a wild rideAdvice for lawyers in practiceIt is called the "practice of law" for a reason; it is always evolving/changing. You will make mistakes, and when you do, don't hide it/bury it. Come up with a plan to fix it and don't do anything until you tell the partner what the mistake was and your plan to fix it.There are very few things in law you can't fix (except perhaps statute of limitations).The practice of law is hard, and so young lawyers need to show enthusiasm and devotion to it.It's not about a big personality. Follow up on emails. Don't wait to be told to do the next steps if you know what they are.Ghosting on email is a bad plan - it sends a signal that the sender is not important. Even responding that you received the message and will get back with them soon is better than not responding.The best associates are the ones who, when the partner wakes up in the night thinking about a client matter, realizes that the associate is working on it, and can go right back to sleep.Email is the main source of communication and its important for archiving, etc. But they are finding that texting is a useful way to ping/remind people of things, even to say that there is an email to respond toAdvice for lawyers who are job seekingKeep resumes to one page if at all possible; they see so many resumes there isn't time to read multi-page resumesLaw school still matters if it is someone who has only been out a couple of yearsCover letters can help highlighting the real stuff you've doneShe loves to see interests/hobbies; wants to know you are a real person. Maybe even add "Covid hobbies."Wants to practice law with people they likeEspecially in small/mid-size firms, one person makes an impact on the cultureThis can backfire depending on what the interests are!Final ThoughtAdvice she didn't get that she wish she had: Start thinking about building your own practice and your own clients, even from day one. Even if your firm is telling you it isn't expected or even wanted, you can get involved in organizations, make contacts, have lunches, etc. Building relationships is the heart and soul of the practice of law, and it takes years. Start early.Rapid Fire QuestionsName one trait characteristic you most want to see in an associate: enthusiasmWhat habit has been key to your success: hard workYour favorite app/productivity tool: Intapp (timekeeping app)Favorite social distancing activity: golfFavorite legal movie: Anything Sorkin (American President through West Wing)Thanks again to Gwen Walraven for joining us on today's show!

Daniel and Robert talk about the criminal justice system, an all-time plot twist, and the launch of Edward Norton.

Robert Callahan joins us on today's episode. Robert is the founding partner of Callahan & King in Waco, TX, and he talks about starting and building a law firm, race in the criminal justice system, and how lawyers can be racial justice advocates.His firm/practiceCentral Texas firm that does mostly criminal defense with a mix of family and trusts/estates/planning as well.Four attorneysStarted in private practice in 2011 after several years of working in the McLennan County District Attorney's OfficeWasn't sure switching from the prosecution to the D side and also running a businessHad an offer to join a DA office down near the Texas borderBut after praying through it, felt that he and his family were supposed to stay in Waco and help raise the level of justiceFirst office was a 10x14 windowless room; tough for an extrovert!Partnered with Chris King in 2013 who was a former intern of Robert'sCOVID Update (as of 1/28/21)Feels like things are on the rebound from a business standpointMarch 2020 brought the entire justice system to a halt; jails were only taking those who were charged with the most serious offensesThings rebounded in the summer months alongside the help of the PPP loansExcited to retain some of the great things that we've learned moving forwardAs time passes, cases don't get better, though it tends to work in favor of the defense in a criminal context.Local DA/judges have been good about getting non-violent offenders out of jailFor the more serious offenders in jail, the delays in the process can be hard...but at the same time you don't want to go through a trial in a courtroom and come out with a not guilty verdict plus a lethal case of COVID.RaceRight now, COVID is impacting minorities in the justice system at a higher rateWhen he started in private practice in 2011, he was one of three black attorneys in the county (one since passed away)In 2021 there are sixWith so few, he feels responsible to use his voice/platform for these issuesMichael Morton Act / Prosecutorial ethicsWhen everyone in the system works in their silos and doesn't consider others in the system or the system overall, it can lead to grave injusticesProsecutors have tremendous discretion to decide whether to take case, how to charge. They wear the white hats in the courtroom, get to speak first/last, and it's critical they use that power with integrityConcerned that the conversation that began after the death of George Floyd will fade awayThe system didn't bring justice in that and other cases; it had to be crowdsourcedPressure on different elected officials, bringing awareness, protesting, etc.News cycle moves onWe haven't had a jury since George Floyd, Breonna Taylor, and Ahmaud Arbery, and since the difficult 2020 election. There are strong feelings about race, and those things will have be be probed when we pick juries, and there isn't practically enough time to do that well.(Jamar Tisby, The Color of Compromise): It was never the majority that got the Civil Rights movement, it was a vocal minority. It's that remnant today that is the source of where change is going to come from.Biggest change that needs to happen now in the criminal justice system is police reform / police brutality. This is the closest fire. Stop killing black people in the course of detentions.8 Can't WaitThese can happen at the local/state levelLawyers cangive their time/talent/legal servicesuse relationships with elected officials to advocate for change and bring awarenessread The New Jim Crow, Just MercyLaw firms/the legal industryDon't use the old metrics of grades/test scores to determine the potential of candidatesJust three years ago, he learned that he had a learning/reading disorder in the course of learning the same about his daughter, and that led to poor performance on law school exams. In advocacy courses he did great and performed well in mock trial.You will miss good candidates by not looking deeper than just academicsAnybody with enough time/prep can learn the practice of law, but he can't teach you integrity or how to be a good person.He has never asked a candidate about their grades, their exam scores, etc. Only care about the person's character.Rapid Fire QuestionsName one trait characteristic you most want to see in an associate: characterWhat habit has been key to your success: hiring people that have the characteristics that he lacksFavorite app/productivity tool: Facebook and Google SheetsFavorite social distancing activity: Hanging out with friends on front yard, fire pit, drinking wineFavorite legal movie: My Cousin Vinny (though he has given 100s to Hamilton and Primal Fear on Movie Verdicts!)Thanks again to Robert Callahan for joining us on today's show. You can find him on Facebook: @rcallahanwaco, Instagram: @rcallahan_waco, Twitter: @rcallahanwaco, or email him: callahankinglaw@gmail.com.

Derek Hollingsworth, partner and trial lawyer with the Houston firm Drumheller, Hollingsworth, & Monty joins us on today's show. Derek talks about COVID's impact on criminal defendants, taking chances with your career, and taking ownership in the case.His firm/practiceStarted the firm two years agoBroke off from Rusty Hardin & Associates after 15 yearsMix of civil litigation and criminal defense. Everything is a trial related practice.Got into criminal law by 1) doing the lawyer on loan program with the DA's office, and then 2) leaving his large firm job to go to the DA's office in order to get trial experience. (That is his advice for anyone wanting to do criminal defense).Rusty Hardin had a nice mix of criminal and civil litigation.COVID UPDATE (As of 12/17/20)COVID hit the breaks on most of their workCases are driven by pressure points that have to do with trial dates. If there is no pending trial date, there isn't motivation to do things.If cases slow down, your cash flow can slow down too. They were about to expand before COVID hit, and they likely will once things pick back upCompassionate release motions are an option to get clients out of jail due to COVIDSpeedy Trial Act being tested in federal court where there are strict rules; state court not as much right nowZoom/video has beenHis law partner just handled an entire arbitration over Zoom:Everything was confidential and only one person per room, with an exception for those who were identified and approvedMajor challenge was keeping an eye on all the boxes of participants, and he caught a witness covering his mouth talking to someone off camera in the room who hadn't been approved/identifiedStopped the proceedings and called it outAdvice to lawyers in practiceDon't be afraid to take chancesTalking about leaving the large firm for the DA's officeBe nimbleEven he stayed for several years at Rusty Hardin before starting his own firm even thought he knew it was what he wanted to do. That's a testament to the great/quality firm Rusty created.Own the entire issue/caseDon't build a little fence around what your are comfortable withDon't just do only what was asked...once completed, ask the question "what's next" and take initiativeBe intellectually curious and enthusiastic, and ask questionsPitch ideas of what you might need to do next to help move the case alongAdvice to lawyers who are job seekingFor small firms, they often need someone with enough experience that you're not starting from scratch, BUT also not so much experience or set in their ways that they can't adapt to how this firm does thingsCommunicate and get along well with othersHard to figure out these things on a resume or even in an interviewAre they legitimately interested in the firm (i.e. ask good questions!)At Rusty Hardin, they liked people who weren't "handed everything"Final Thought:Don't be afraid to take chances; nobody is born to be a lawyer or knows exactly what they want to do. Be willing to pivot.Rapid Fire QuestionsOne trait/characteristic you most want to see in an associate: initiativeWhat habit has been key to your success: planning/confidenceFavorite app/productivity tool: ClioFavorite social distancing activity: time with familyFavorite legal movie: A Time To Kill and My Cousin VinnyThanks again to Derek Hollingsworth for joining us on the show!

Rekha Roarty joins us on today's show! Rekha is a construction lawyer with Bollier Ciccone in Austin. Rekha talks about staying professional on Zoom, seeking out the work you want, and showing your personality in an interview.Her firm/practiceConstruction/real estate litigation (her practice); there is a family law section of the firm as wellCOVID update (as of December 17, 2020)Travis County has taken a lot of actions to protect, so civil hearings and trials are not happening in person and are entirely on ZoomMultiple times having clients on Zoom on their phone and in their car; encourage everyone to keep the same formalities, dress, etc.For court, use a laptop or maybe an iPad and not your phone to get on a ZoomMake sure to block time into your calendar for it along with time ahead for getting online, making sure the tech is working ,etc.The prices of building materials (particularly lumber) have skyrocketed, which causes issues when agreements were made a year ago when prices were much lower.Also, there can be delays in the supply chain and/or with issues with subcontractors not wanting to work due to COVID which can impact everyone up/down the chain. So this creates labor shortages.Post-COVIDTravis County is considering having a Zoom docket once/week in order to create more efficiencies. This would apply to routine/administrative type hearings.Mediations/depositions are more effective in person, but it is nice to have the option to do them by Zoom if there is difficult travel or other reasons that make it hard to do them in personWork from home can work and should be an option at least some of the time, and/or add flexibility to how we workAdvice for lawyers in practiceSpeak up / volunteer for what you want to do.offer to handle a hearingask if you can sit in on a call or deposhe handled her first trial after just six months of being licensedDon't be afraid opposing counsel for their thoughts/tips/etc. after a case is over.Attorneys are almost always willing, even eager to help and give adviceBuild connections with them. Not only can you become a better lawyer, but it can also be a source of referrals.Have pride in your work, but there is no place in your workplace for pride.There isn't a task that is beneath you.All hands on deck.Be willing/able to do everything and not just what you consider to be the "attorney" role.Have this attitude and mindset.If you make mistakes, take responsibility and fix it. Don't blame others or make excuses.(Daniel relating a NY Times story about an NBA agent who made a mistake that cost his client $3M, and he took responsibility and paid it back to the player over a number of years.)Advice for lawyers seeking a jobBe yourself because firms are looking for a good fit, and nobody can tell that if you aren't being yourselfAlso you need to be able to relate to people, colleagues, clients, etc.DON'T LIE ON YOUR RESUME!Don't shy away from resume gaps or concerns, just explain them truthfully and move on.Highlighting interests and unique things about yourself is helpful and encouragedFinal ThoughtDon't feel trapped in one area just because that's where you started. She moved from family law to construction law after 2.5 years.Rapid Fire QuestionsOne trait/characteristic you most want to see in an associate: HonestyWhat habit has been key to your success: OrganizationFavorite app/tool: SlackFavorite social distancing activity: Disney+ Sharing option where you can simultaneously stream movies at different locations and watch movies with friends/family without being in the same placeFavorite legal movie: Legally BlondeThanks again to Rekha Roarty for coming on the show!

Robert Lord, Managing Shareholder and intellectual property lawyer with Ferguson Braswell Fraser Kubasta PC (FBFK), is our guest today. Robert talks about how to make the most of your COVID time, being decisive, and the conversational interview.His firm/practiceOffices in Texas (Houston, Plano) and Silicon ValleyFocus is comprehensive business law, including IP which is his areaIP Law updatePatentable subject matter.Is this thing patentable?Courts and Congress haven't figured this out yet, so practitioners and the Patent & Trademark Office (PTO) have been stuck in the middle.The current Patent Commissioner has provided helpful guidance.Draft broadly so that a patent can absorb changes in the lawDesign patents - purely ornamental and how it looks/appears (not how it works). This has taken off!COVID update (as of 12/10/20)Business hasn't been impacted too much; still very busy"How" they serve clients has changed and adaptedBankruptcy practice grew significantly (most from the standpoint of helping clients move up the ladder in another company's bankruptcy)Lots of business formations still happeningCounseling businesses on PPPCourts have slowed down on the patent side, while trademark business has increasedLots of rebrandingLots of onlineTrademark protectionMany of their IP clients have had more time/opportunity to be creative and invent, so they have thrived.videoconferencing, etc.One of their clients created Corona-can for killing the virus in places like conference room prior to meetings; they recently got a $4M investmentHave to be ready to pivot and take on challengesFirms that stick with companies as they go through these challenges will benefitGrowth has been challenging with conducting interviews.Looking forward tocontinued/more use of videoconferencing in place of in-person hearings, administrative proceedings, etc.more flexibility for employees to work from home/elsewhereAdvice for lawyers in practiceFind someone who can be a mentor and advocate for you within your firmNot necessarily someone you have to work directly forHelps you learn how to actually be a lawyer within a firmAn "advocate" is someone who can go to bat for youif something about you is being questioned they can stand up for youif there is a judge who is criticizing, they can interveneif there are opportunities (partnership, etc.) they can fight for youRegarding the workBe decisive and give an opinion. Don't just do the research and give both sides of a decision without suggesting one. Don't be afraid to be wrong! (Ex. "I don't know if it is right for this client, but here is how I see it...")Regarding the human sideBe someone who cares (about the firm, your colleagues, staff, and the clients)BOTH of those last two are criticalAdvice to lawyers who are job seekingTheir interviews are more conversations so that both sides can get to know each otherMost of the competence questions are gleaned from the resume, work product, etc.Candidates should be transparent and up front about obvious gaps or oddities in the resume. Don't apologize for it, but explain itGoing on and on about yourself without asking questions or learning about the firm raises flags and makes you look desperate for any job. Don't you want to know if this will be a good fit? Don't you want to know what it's like to work here?If you are uncomfortable interviewing in person during the pandemic, that's okay. Video interviews or socially distant in-person interviews can work. And if the firm isn't flexible or doesn't line up with where you are, it might not be a great fit.Rapid Fire QuestionsName the one trait/characteristic you most want to see in an associate: decisiveWhat habit has been key to your success: responsivenessWhat is your favorite app/productivity tool: Outlook (multiple time zones feature)What is your favorite social distancing activity: Virtual Happy HourWhat is your favorite legal movie: The Firm and Legally BlondeThanks so much to Robert Lord for joining us on the show!

Rhodes Hamilton, founder and partner at Hamilton & Squibb in Dallas, joins us on today's show. Rhodes talks about launching your own law firm, COVID's impact on the energy sector, the importance of making progress, and demonstrating interest in the job you want.His firm/practiceDallas and Fort Worth officesOil/gas transactional boutique; midstream/upstream10 total lawyersHe didn't even take oil/gas in law school!Oil boom was coming right as he was leaving law school in 2005; Barnett Shale in Tarrant CountyAfter just three years saw the the opportunity to launch his own practiceEasiest hard decision he's ever hadMortgage, car payment, first kid on the wayBut saw the opportunityCOVID-19 Update (as of December 3, 2020)In April, oil prices went negative!O/G companies have generally been contracting; not a lot of transactional work happening; plenty of bankruptcyThey are back in the office; gave people the option after the stay-at-home order expired80% of work happening in the office; still 20% or so from homeHad to put a lot of client communication on calls/Zoom/Microsoft Teams; but that is really hard because in their business much of the business development happens face-to-face2021 should be bettersome consolidation of clients that will be sorted outCommodity pricing is on its way upAdvice for lawyers in practiceBe flexible; willing to do what is neededYou always have to be developing business; can't be reliant on just a few clients...what if they leave? Don't be short-sighted.Could mean writing, speaking, anything...Even young lawyers/associates need to get out; be the firm's presence at activities/events that nobody else wants to go toAlways be making progress. Listen, learn, improve.In a small firm, each associate is, by percentage, a much larger part of the firm than at larger firms, so each individual's development is critical to the firm's successDon't take things for granted; apply yourself; commit and jump in with both feetRe: work/life balance:show a willingness to get the job done firstif that is happening and you want to take a Friday off or adjust the schedule, etc., then great!Advice for lawyers who are job seekingDon't have to be at the top of the class for themShow interest in oil/gasclerkship/internship?industry groups?Fit is really important with a small firm, and that's hard to pin downFor those wanting to transition to oil/gas from another area:get involved in a trade group/organizationstate bar section for oil/gasyou have to show your genuine interestThe firm can teach some of the oil/gas specifics if the desire to learn is thereFinal thought:Get into something else aside your law practice (pro bono, side hustle, hobby); be well-roundedRapid fire questions:Name the one trait/characteristic you most want to see in an associate: willingnessWhat habit has been key to your success: Be in front of trends; anticipateFavorite app/productivity tool: Microsoft TeamsFavorite social distancing activity: Outside/fishingFavorite legal movie: The FirmThanks again to Rhodes Hamilton for coming on the show!

Today's guest is Michael Kabat, partner and litigator at McGinnis Lochridge in Austin. Michael talks about IP cases moving to Waco, being a lawyer of your word, and what they look for in lateral hires.His firm/practiceFull service regional firm with Austin roots (now Houston and Decatur offices); oldest law firm in AustinLots of oil/gas and public utility clients, butHis practice is a broad litigation practice, though the two he focuses on are business litigation and intellectual property litigationAs a Waco native, he is particularly interested in Judge Alan Albright's federal court which has a heavy IP case loadWaco could become the new East Texas/Marshall/Rocket DocketSeveral firms around the state opening up new/satellite offices in WacoCOVID-19 update (as of 12/3/20)Began operating remote in March, and has stayed that way since then.Was an undertaking to get it implemented, but has worked wellMoved group communication to Microsoft TeamsPretty simple/easy to useGood chat function and project based threadsScreen sharing is okayGood video functionality similar to ZoomSome folks in the Houston office have returned to the office and people will occasionally pop into the Austin officeSome hearings/depos it has been better to get the tech/office support from being in the officeThey were in the process of renovating a new space to move into, and COVID has given them pause to rethink the standard ways of commuting/officingAustin continues to boom with real estate/construction/office projectsAdvice for lawyers in practiceYour word is your bond; learn who does/doesn't abide by the sameBecome someone others can trustIf it's a difficult call, what impact will there be on the client? Matters of scheduling/procedure are things that generally don't negatively impact the client and the lawyer can make the call. If it's more of a strategy decision then you really need to listen to the client.Treat your partners as your client; don't lose sight that you are in a client service business with a fiduciary obligationBy impressing the partners, you will get more responsibility and opportunityAdvice for lawyers seeking a job / can you answer these questions?What has your experience been thus far?What do your colleagues think of you?Do they fit into the culture of the firm?In their firm, it's usually a specific need they are looking to fill, so that match will be important.Could the person become a partner?Not every firm prioritizes this; important to know/understand the firm's approach in this regard.What is the leverage structure of the firm? Lots of associates for each partner? That might mean they aren't looking for partners.Do they want to live in the city?Austin is growing as a legal marketBig firms aren't for everyone and there are plenty of other great opportunitiesRapid Fire QuestionsName one trait/characteristic you most want to see in an associate: ownership/eagernessWhat habit has been key to your success: calendaring deadlines and daily time entryFavorite app/productivity tool: Snipping on Microsoft OfficeFavorite social distancing activity: sleeping; Queen's Gambit (Netflix); The Boys (Amazon Prime)Favorite legal movie: Intolerable CrueltyThanks again to Michael Kabat for joining us on today's show!

Joey Sampson, partner and litigator with McCathern in Dallas, joins us on today's show! Joey talks about COVID's impact on public venues, expediting your learning curve, taking advantage of resources like podcasts, and resiliency as a key character trait for lawyers.His firm/practiceFour offices (Dallas/Frisco/Los Angeles/Houston)Grown from a 9 lawyer firm in 2007 to over 40 todayBroad civil litigation practice plus now family lawHe is more focused on insurance coverage and construction defect litigationFrisco office is at The Star (Dallas Cowboys HQ who is also a client)COVID 19 update (as of November 19th, 2020)Still in the office in DallasClients are settling into the new normal, but dealing with COVID-related issues such as employee mattersSome litigation around construction defect peaked in July/AugustHe is part of a group, IVAM, that meets regularly on public venue issuesExpects to see litigation in the coming months/years from people who claim to have gotten COVID from attending an event in a public venueBut most of the cases are being brought against companies by employees or passengers against cruise linesBut how do you prove causation and where you actually contracted the virus?Venues are definitely focused on this and trying to keep people safeHave to adapt to using the technology (Zoom depos/hearings); he had never heard of Zoom before COVIDencourages your preparation because you have to have your documents ready to go for the shared screen, etc. ahead of timeTexas will need to extend rules to enable further use of the technologyAfter COVIDLikely that hearings/depos will continue to take place on Zoom (saves the drive time, money, etc.)Document-heavy depos/hearings, and those with certain witnesses, will still likely be in personThe costs of litigation will push thisJudges have adapted for the most part and some really like itAdvice to lawyers in practiceDon't use youth as an excuse; expedite your learning curveAlways strive to get betterStep upIf you work at it, you can become a seven year lawyer by year fiveEx. get better at depos by studying great interviewers (podcasts are great for this: listen to Charlie Rose or Howard Stern conduct an interview and learn different approaches)Also listen to great trial lawyers like Mark LanierDo a Zoom CLE and take advantage of those resourcesPick up tips from anywhere!Also become a better writer by reading great writingKey for a young associate to stand outWatch trials and hearings of local courts on YouTubeBe a leader; be the first to volunteer for projectsDon't send drafts to partners; send it to them ready to fileAdvice to lawyers in the job searchTraditional model of reviewing resumes and interviews are a poor way to hire; it's hard to identify the best people from thatHow do you tell if someone is resilient and empathetic/compassionate, which research shows is the best indicator of someone who will succeedTraditional methods are often a coin flipAngela Duckworth book "Grit" and corresponding Ted TalkFinal thoughtPay attention to your mental health. He is in recovery now; addiction is widespread in the legal profession, and we need to talk about it more. (Resources - LCL; TLAP)Rapid fire questionsName one trait/characteristic you most want to see in an associate: resiliency/gritWhat habit is key to your success: always learningFavorite app/productivity tool: 1 PasswordFavorite social distancing activity: golfFavorite legal movie: To Kill A Mockingbird / My Cousin VinnyThanks again to Joey Sampson for joining us on today's show!

Will Thomas, partner and litigator with McDowell Hetherington in Houston, is our guest on today's show! Will talks about COVID's impact on trial work, being your case's own toughest critic, and demonstrating grit in a job interview.His firm/practice50 lawyers spread over four offices around the country, with the HQ in HoustonBoutique litigationMost known for life insurance litigationMost of Will's practice is with oil/gas companiesFalling gas prices have an impactChanging discovery rules (lowering thresholds) could impact how cases move through the process and perhaps go to trial moreCOVID Update (11/12/20)Already lean when it comes to staffing, and already was working with multiple offices around the country so the transition to work from home was pretty easyNow in a hybrid mode: if you want to come up to the office you can (with protocols), but you can work from home if you wantIn Spring/Summer there was doubt as to how much work could get done without trials and without in-person hearings/depos/etc., but this has turned out to be one of the busiest years they have had.Lots of litigation spurred by COVIDCourts adapting to online hearingsNot one case has settled at mediation since COVID startedThere is something said for people to go to a place, block the entire day, invest the time, as a drive toward settlingVirtual mediations don't raise the cost of not settling much, so there is less incentiveResolutions still happen; they just take a bit longerDepositions are tough on ZoomWill wants to be in the room with his witness; the witness wants that tooThey have used their office or even a rented out hotel conference room to have Will and the witness in the same room togetherGetting up, putting on a suit, going to downtown Houston, creates some mental and attitudinal things for the lawyer and the witness that don't exist on Zoom (w/ COVID protocols like taking a COVID test, quarantining, etc. in advance)Zoom can lead to relaxing and informality, and you don't want your witness to slip into that mindset and say something they shouldn't.There can also be distractions (kids, dogs, etc.)Hearings haven't changed much, but there are more of them since they are much easier to scheduleJudges are very preparedWe can probably continue to have more/video hearings post-COVIDAdvice to lawyers in practiceStart your day early; Will gets in around/before 7amAs an associate he always got into the office before the partner that he did a lot of work forGet your day started on the right footBeing there early led to answering a partner call to work on a case; that client now gives Will about 40% of his businessKnow that you aren't going to win them all, and that is okay (can be hard for the typical law student/lawyer to handle)Can't take it personallyYou have to let it go and keep after it; can't fret/dwellBe critical of your side, your story, your facts, etc.Make sure you know all the holes and are asking all the questionsYou don't want to be surprised later, especially by the other sideHave original ideas about the caseIt doesn't matter if they wound up getting used, it shows creativity and that you are thinking/caring about the case.Think beyond what your assignment isDon't be afraid to share your ideas!Don't default to just meeting the task/expectations; take ownership of the case!Re: business developmentWork hard on your cases and show that you have valueFind attorneys to work for who will value/include you, and make yourself indispensable to themRe: work/life balanceIn the first few years, work probably takes priorityThis is a practice, and the only way to get better is to put in the timeTo go to trial and be a better lawyer, you have to put in the timeAdvice to lawyers in job searchingShow that you are someone who can work autonomouslyShow that you want to take charge and run casesShow that you are going to work hard and that you want to winGrit - Were you on multiple advocacy teams in law school? Did you write onto law review? Did you work in law school?Final words of advice: This is a hard job! If it was easy, everyone would do it. There is a lot of stress. People look to you. You have to be a good writer, good in the courtroom, creative, sales/marketing. Night crew of associates to work/eat/socialize together!Rapid Fire Questions:Name the one trait/characteristic you most want to see in an associate: creativityWhat habit has been key to your success: write down your next 24-48 hours of projects/tasks each dayFavorite app/productivity tool: Apple NotesFavorite social distancing activity: waking the (new) dogFavorite legal movie: Bridge of SpiesThanks again to Will Thomas for joining us on the show!

Runaway Jury, the John Grishman novel turned 2003 movie starring John Cusack and Gene Hackman, is the subject of today's Movie Verdicts episode with hosts Daniel Hare and Robert Callahan. Daniel and Robert talk about jury service, bathroom scenes, juror stereotypes, and guns v. tobacco.Special Mentions:Koppelman/Levine tweet re: Sean ConneryTalking to Strangers by Malcolm GladwellBruce McGill, who plays the judge (and also the sheriff in a previously featured episode of My Cousin Vinny), is the uncle of a listener of the show!Epic fail of the Bechtel and Callahare testsStanley Anderson plays the gun company CEO who we didn't give near enough credit to in the episodeRunaway Jury scored an 89.5 (Robert) and 87 (Daniel) for a combined score of 88.25. 

Jennifer King, medical malpractice and healthcare litigator at Burford & Ryburn in Dallas joins us on today's show! Jennifer talks about the latest in medical malpractice, how to get good at lawyering by Zoom, and the importance of availability and responsiveness.Her firm/practice:Her firm is over 100 years oldDuring the 100 year, they did 100 things for the community (planted 100 trees, 100 hours of community service, etc.)She does professional liabiltiy defense representing hospitals/doctors/nurses/providers when they are sued or before medical boards; also counsels clients on policy; also does some lawyer liability defenseFirm has a general defense practice with lawyers working in a variety of industriesDon't do any criminal or tax lawThere is always discussion of adjusting the non-economic caps for damages, but it never seems to go through; there has been a loosening of the expert report requirements under Chapter 74 of the Civil Practice and Remedies Code (good for plaintiffs)While the conventional wisdom is that medmal is a slow/dying practice area, she is as busy as she ever has been. So that is not necessarily the caseCOVID update (10/15/20)She was visiting hospital clients in March when everything hit, and it was striking how when she went from one hospital that was bustling, to the next one which was empty/silent, it all hit homeLitigation took a back seat to employee health concerns, PPEPlaintiff's lawyers were very good about waiting/postponing while the providers were getting their arms around the pandemicShe and her lawyer friends would practice on Zoom (with a glass of wine!); figure out the chat feature, raising hand, changing names, etc. This helped her adapt quickly and she has since had meetings, mediations, hearings, etc. and it has gone wellIt does in some ways make things easier when you don't have to travel all over the state to meet with clients (though there are a number of benefits of face-to-face meetings that get lost)Practice, practice, practice on Zoom!She enjoys working from home and is completely in control of her environment; thinks that going forward many lawyers will work in some combination of home/workZoom replacing phone calls has helped and should stay; mediations by Zoom have worked well and are easier to scheduleAdvice for lawyers in practiceAvailability and responsiveness are key for an associateShe was in the office during lunch when most associates were out, and a partner couldn't find anyone to help him on a project. He found his way to Jennifer's office and asked if she had time, to which she said "absolutely!" That day changed her career trajectory.She made sure to be in the office anytime he wasClients expect a response to calls/emailsJennifer never said no to an assignment or project. If it required weekends/nights/etc. that was okay.She will have multiple weeks in a row that are jam packed, but may then follow it up with scheduled down time (ex. several days in Florida with friends)If you are getting so much work that you don't think you can keep up or you are at risk of burnout, communicate with the partner. Many times you just need to triage your project list to see what the priorities areAdvice for lawyers in the job searchShe likes to look at the skills/activities section of the resume; that's where you really learn about themAlso likes to interview them by taking them out to lunch or dinner; looking for whether there is a connection - she wants to hire future partners!Personable, good stories, able to communicate are keys to show in the interviewFinal ThoughtPeople who want to litigate: seek out those partners who you can find great opportunities for the work you want.Never let the political climate or industry news to discourage you or dissuade you from pursuing your passionYou don't win by being timidThere are opportunities out there, so get after it!Rapid Fire QuestionsName one trait/characteristic you most want to see in an associate: hunger/passionWhat habit is key to success: responsivenessFavorite app/productivity tool: smart phoneFavorite social distancing activity: Zoom Happy Hours!Favorite legal movie: To Kill A Mockingbird / Legally BlondeThanks again to Jennifer King for joining us on the show!