Litigation Forum

[LaBarrister]

So I participated in the National Trial Competition this morning as a mock witness.

Even as a mock witness I was a little timid on the stand. Though this was a criminal trial and I am interested in patent law, I'm still questioning whether litigation would be for me. I don't know if I could do well or would want the extra stress.

Can anyone relate?

[bk1]

Litigation involves relatively small amounts of court time.

[LaBarrister]

Litigation involves relatively small amounts of court time.

Right...

But you're a trial lawyer. You are always anticipating a trial, and always working with other trial lawyers, are you not?

Are you trying to say that, outside of court time, there is no distinction between being a litigator and a non-litigator?

When I think of trial lawyers, I think of a courtroom lawyer all the time, whether or not he or she is in the courtroom. You're still dealing with all the BS of opposing counsel, whether you are trying a case or just anticipating a trial. Either way it is more stressful and fierce, right?

[bk1]

I thought the idea of public speaking (e.g. in court) was what you were nervous about. Are you saying you are nervous about working in an adversarial situation?

[mephistopheles]

Either way it is more stressful and fierce, right?

hahahah

[LaBarrister]

I thought the idea of public speaking (e.g. in court) was what you were nervous about. Are you saying you are nervous about working in an adversarial situation?

Yes. I do not thrive on conflict.

[LaBarrister]

Litigation involves relatively small amounts of court time.

Aside from my personality being involved, this point sucks for those not gifted in public speaking because it seems to imply that lawyers get relatively little time to practice their litigating skills.

[rinkrat19]

I thought the idea of public speaking (e.g. in court) was what you were nervous about. Are you saying you are nervous about working in an adversarial situation?

Yes. I do not thrive on conflict.

Boy are you looking at the wrong career.
http://en.wikipedia.org/wiki/Adversarial_system

[ph14]

Litigation, especially as a junior-associate, is more focused on persuasive (and sometimes predictive) writing, rather than verbal communication. Go look up what briefs for Rule 12(b)(6) motions to dismiss and Rule 56 motions for summary judgment look like and then imagine writing tons of those.

When you get more experience you will spend a fair amount of time conferring with co- and opposing-counsel, which you might not enjoy.

[LaBarrister]

I have a good friend who tried patent cases during his first few years out of law school. He also had a chemical engineering degree, like I am pursuing. I'd rather not say how he got into the courtroom so early, but that is beside the point.

He said he couldn't stand the "adversarial system," as linked above. We talked, and it seems that I wouldn't like it either.

But he left litigation a long time ago and has been in patent prosecution ever since. It seems to me that I may like this area of practice, at least.

[LaBarrister]

http://www.youtube.com/watch?v=mavB1lbtIow&sns=fb

[LaBarrister]

Did any of you start off not liking conflict and end up liking it?

I'm wondering whether this is just another challenge that I should face, or whether I should consider that I was just not cut out for litigation and never would be. I'm not sure which one is the case.

But from what I read about good litigators, they have been competitive and confrontational all of their lives, and so obviously the courtroom suits them well. But I don't know any nice, harmonizing people who went into litigation without being miserable.

[mephistopheles]

Did any of you start off not liking conflict and end up liking it?

wut

[rinkrat19]

Did any of you start off not liking conflict and end up liking it?

wut

You know, kind of like how you don't like asparagus growing up but learn to like it when it's cooked properly and it turns out that your mom just always overcooked all vegetables to death because you're from the midwest.

[drive4showLSAT4dough]

I dunno if I would spend 200K and three years on the hopes that I start liking asparagus though

[hume85]

I used to hate conflict, but I can tolerate it now. I wouldn't say I like it.