Trial Magazine

As a trial lawyer for more than 40 years, I have collected many hard-learned lessons that I hope others will find valuable. Here are my top takeaways for a long and satisfying career in the law.

1. Is the book worth the candle?

This old saying refers to whether the value of reading a book is worth burning a precious candle—in other words, is the case you are taking worth the investment of your time and resources? Building a lasting practice requires thousands of decisions surrounding case acquisition, joined by tougher challenges on case strategy and law firm management. For example, accepting a client out of empathy for their situation when the facts do not support a strong case can eat up your time and resources and unrealistically raise your client’s expectations.

Case selection should include a “review panel” made up of your partners and other colleagues whom you trust to review the facts to see if they pass a minimum test. You’re better off staying home than going to the office and accepting certain cases.

Why do trial lawyers often take unproductive cases? The simple answer is that we all have the insecurity that if a case is declined, there will not be another one to take its place. But I have learned that if you manage your business carefully, there will always be another case.

2. Life balance is essential.

It’s not a failure to be well-rounded—instead, we prosper by being grounded. Dissatisfaction mostly comes from a lack of variety in life, family support, community involvement, spiritual togetherness, good friendships, and support from others in professional organizations. Integrate your family life, physical activities, hobbies, interests, and community involvement with your professional life. One of the main things that will derail you is the lack of appreciation or the feeling that there is “never enough.” There is enough when your goals are realized through long-term diligence and you receive appreciation from your loved ones, friends, community, and professional peers.

Remember the fable of a wood cutter who is prolific for his first week in the forest, and then, his productivity suddenly drops. When he wonders what happened, his mentor helps him realize that because he didn’t stop to sharpen his axe, it became dull, and he couldn’t keep up the same level of results. Sometimes, we become so consumed with working long hours, trying to accomplish everything, that we fail to take a step back and refresh our energy and goals.

Read books and articles that interest you; learn new hobbies and languages. We all can and should “sharpen our axes” with quality family time and real vacations, learning patience, being gracious to and supportive of those in need, and engaging with our community and whatever our version of spirituality may be.¹

Stay sharp by having meaningful conversations with friends, old and new. Challenge yourself with new projects and different people. When you are a young lawyer, absorb the knowledge, wisdom, mistakes, and gains of older lawyers. When you are an experienced and accomplished lawyer, share your success, missteps, intuition, misunderstandings, and digressions with younger lawyers. In your lifetime, be both a student and a mentor.

3. Show appreciation with an act of kindness.

Too often, we overlook opportunities to give back to others in recognition of and appreciation for the careers and lives we have been given. There are so many instances throughout my career when an act of pure kindness, generosity, and empathy turned into a wonderful and uplifting experience, professionally and personally.

This may sound idealistic and lofty but we all know, from whatever our life experience, the right and wrong way to treat our clients, co-counsel, and valuable law firm staff. My firm is fortunate to have lawyers and nonlawyers who have been here for decades. That is not by accident—value and reward your staff. We treat our office team professionally, with respect and compassion. And we’ve been able to give annual bonuses for 46 consecutive years to recognize everyone’s work toward making the firm successful.

4. Don’t be afraid to ask for what you need.

Ask your co-workers for their help, support, and dedication. Ask the jury for the right verdict. Ask the judiciary to rule, even outside the existing law, to create new legal theories. Use your peers as sounding boards. Build local and national alliances and friendships with good lawyers you trust and people from all walks of life.

Don’t try to “go it alone.” If you need help in any of life’s challenging moments, go get it. If you feel discouraged, know that you are not alone. A terrific source of guidance can come from active or retired judges with whom you are friendly and respect—they will have a lifetime of experience and observations to share. I also have a group of nonlawyer, life-long friends with whom I have regular contact, and they offer a helpful perspective beyond the legal world.

5. Be bold—and seek out new opportunities.

Take cases that have potential, while steering away from those that strike you emotionally but not logically. Don’t be afraid to pivot in your practice. Explore new practice areas, reinventing yourself as the legal environment or practice changes. Too often, lawyers adhere to a particular practice area or mindset, instead of shifting into more enriching experiences. For over 20 years, I litigated cases involving a defective motorcycle product that killed and caused serious injuries to riders. When the industry finally corrected the defect, we moved to new, similar types of dangerous products that posed an unresolved danger to the public.

Be known for something. Create your identity geographically, by practice area, or both. Potential business sources, referrals, and case generation must be anchored to your specific reputation. It is helpful to map out a marketing strategy and work with professionals in graphic design and public relations. If you can, designate a skilled and insightful office leader to help execute your business plan. Building your reputation will not happen haphazardly.

The successful practice of law requires structure, sacrifice, diligence, and difficult decisions. These takeaways only scratch the surface of good lawyering, anchored by strong values and deep appreciation.

Ira H. Leesfield is the founder and managing partner of Leesfield Scolaro in Miami. He can be reached at leesfield@leesfield.com.

Note

1. For more on this idea, see Stephen Covey, The 7 Habits of Highly Effective People (1990).