Question for Trial Lawyers Forum

[Anonymous User]

Hello All,
I'm a BigLaw junior/midlevel. I plan to stay in this role for an additional 2-3 years for financial reasons.
The ultimate goal is to be leave and work as a trial lawyer. Ideally, I'd be in a place where I do minimal motion practice and spend most of my time in trials (non-criminal). First, are there places like this?

Second, besides asking for more trial-related experiences at the firm, what should I be doing now to prepare myself to reach my goal. I have purchased a couple of guides from eLEX and have memorized their "main" evidentiary objections and rules of evidence. I also listen to the trial lawyer nation podcast.

What else should I be doing?

[Lacepiece23]

Hello All,
I'm a BigLaw junior/midlevel. I plan to stay in this role for an additional 2-3 years for financial reasons.
The ultimate goal is to be leave and work as a trial lawyer. Ideally, I'd be in a place where I do minimal motion practice and spend most of my time in trials (non-criminal). First, are there places like this?

Second, besides asking for more trial-related experiences at the firm, what should I be doing now to prepare myself to reach my goal. I have purchased a couple of guides from eLEX and have memorized their "main" evidentiary objections and rules of evidence. I also listen to the trial lawyer nation podcast.

What else should I be doing?

I don’t think your goal is that realistic. To be Keith Mitnik, you have to either have your own firm or be so good at someone else’s firm that they will give you all the trials.

Either way, to be either of these people, you’ll need to build your own firm (most realistic) or become an utter super star.

There just aren’t enough trials to go around for someone to be soending most of their time doing trials.

[Anonymous User]

Hello All,
I'm a BigLaw junior/midlevel. I plan to stay in this role for an additional 2-3 years for financial reasons.
The ultimate goal is to be leave and work as a trial lawyer. Ideally, I'd be in a place where I do minimal motion practice and spend most of my time in trials (non-criminal). First, are there places like this?

Second, besides asking for more trial-related experiences at the firm, what should I be doing now to prepare myself to reach my goal. I have purchased a couple of guides from eLEX and have memorized their "main" evidentiary objections and rules of evidence. I also listen to the trial lawyer nation podcast.

What else should I be doing?

Go be an Assistant District Attorney or Public Defender in the state criminal justice system if you want to do lots of trials.

[mardash]

Unachievable. Even if you do wind up a “trial lawyer” you’re going to need to write motions, and not just trial briefs. How do you think you’re going to earn your way on to trial teams at your firm by being too good to do any of the lead-up work?

[Anonymous User]

Hello All,
I'm a BigLaw junior/midlevel. I plan to stay in this role for an additional 2-3 years for financial reasons.
The ultimate goal is to be leave and work as a trial lawyer. Ideally, I'd be in a place where I do minimal motion practice and spend most of my time in trials (non-criminal). First, are there places like this?

Second, besides asking for more trial-related experiences at the firm, what should I be doing now to prepare myself to reach my goal. I have purchased a couple of guides from eLEX and have memorized their "main" evidentiary objections and rules of evidence. I also listen to the trial lawyer nation podcast.

What else should I be doing?

Go be an Assistant District Attorney or Public Defender in the state criminal justice system if you want to do lots of trials.

Is there anything else I can do before I leave my current job? And would doing trials on the criminal side be as helpful if I want to eventually do civil trial work?

[Anonymous User]

Is there anything else I can do before I leave my current job? And would doing trials on the criminal side be as helpful if I want to eventually do civil trial work?

Watch as many trials as you can. And yes, criminal trial work would be helpful. A lot of trial stuff is figuring out how to handle yourself in a courtroom and has nothing to do with the content of the law. Plus the same rules of evidence apply (with a few exceptions here and there).

[Anonymous User]

ADAs and PDs try more cases than anybody else. If trial experience is what you need, start there. Sure, different rules/laws apply in civil cases, but you also need the practice with appearing before a judge, jury, and opposing counsel. There's a lot of 'unwritten' stuff you need to know. ADAs and PDs get such experience early. I know I did.

As for motions practice, you can't avoid it. Your cases determine what motions you need to file. Certain types of cases might need fewer motions (misdemeanors, run-of-the-mill PI stuff, etc.), but as a trial lawyer representing a client's best interests, you file motions when necessary.

Lastly, think carefully about your goals. The great supermajority of cases (over 95%, just spitballing) in both criminal and civil settle before trial. Your goal isn't to try cases, per se. It's to get your client the best possible outcome that works for them. To give you an idea of what that means, most of my job as a trial atty involved investigating, interviewing, reviewing disco, negotiating, and advising clients on taking the offer versus trying the case. For one reason or another, 9 times out of 10, they took the offer. One can always play the role of obstructive bulldog litigator that negotiates nothing and tries everything, but that'll just piss off your clients, opposing counsel, and judge.

[Anonymous User]

As for motions practice, you can't avoid it. Your cases determine what motions you need to file. Certain types of cases might need fewer motions (misdemeanors, run-of-the-mill PI stuff, etc.), but as a trial lawyer representing a client's best interests, you file motions when necessary.

Lastly, think carefully about your goals. The great supermajority of cases (over 95%, just spitballing) in both criminal and civil settle before trial. Your goal isn't to try cases, per se. It's to get your client the best possible outcome that works for them. To give you an idea of what that means, most of my job as a trial atty involved investigating, interviewing, reviewing disco, negotiating, and advising clients on taking the offer versus trying the case. For one reason or another, 9 times out of 10, they took the offer. One can always play the role of obstructive bulldog litigator that negotiates nothing and tries everything, but that'll just piss off your clients, opposing counsel, and judge.

**Completely** agree with all of this.

I don’t even really know what minimal motion practice (motions are fun, it’s discovery that sucks) and spending most of your time in non-criminal trials would look like, nor do I think a junior in biglaw has a realistic idea of what that means. Trials are fun, but they’re exhausting, and often not really in the parties’ best interests.

OP, why do you want to be in trial all the time? Do you dislike writing? Do you want to be doing something more active, or more interactive? Do you like being on your feet being questioned and responding on the fly? Have you presented witnesses in court and do you enjoy that?

I’m asking b/c you might be better off identifying the work responsibilities you like and looking for other kinds of practice that involve those things.