What I'd Tell My 1L Self About Trial Work and Solo Practice

Is trial work something you can learn in school?

Some of it. The rest comes from reps.

Evidence is the language of trial. Learn it so well you can object without thinking, and know why the objection is right.

Civil procedure decides more cases than closing arguments do. Deadlines, discovery and motions shape what a jury ever sees.

Take trial advocacy, mock trial and a clinic. Standing up and speaking under pressure is a skill. Start building it now.

Watch real trials. Courtrooms are generally open to the public. Sit in the back, take notes on what works, and notice what bores the jury.

What actually makes a good trial lawyer?

Preparation, mostly. The trial is the visible part of years of work: depositions, records, timelines, motions and witness preparation.

The lawyers I respect most are relentlessly prepared and plainly spoken. Juries trust people who explain things simply. Practice doing that in every paper you write.

Should you go solo?

Maybe, but go in clear-eyed. Running a practice means you're also the business owner, the bookkeeper, the IT department and the person who answers for every deadline.

What I'd tell myself before going solo: Work under experienced trial lawyers first if you can. Watch how they evaluate cases, not just how they try them. Learn the money side. Case costs, cash flow and fee agreements decide whether you can carry a case to trial. (I eventually got an MBA for a reason.) Respect the trust account. Client money is not your money. In Nevada, for example, advance fees and expenses go into a client trust account and come out only as fees are earned or expenses incurred (Nevada RPC 1.15). Learn your state's rule before your first client. Build a calendar system you trust on day one. Missed deadlines end cases and careers. Say no to cases you can't fund or can't staff. Taking a case you can't carry doesn't help the client. Find mentors and co-counsel. You don't have to try every case alone. Good partnerships make you better.

What would you do differently?

I'd invest earlier in systems and people: case-management software, written procedures, and help I could rely on. I'd also take care of my own health and relationships with the same discipline I gave my cases. This work is demanding, and it rewards people who can sustain it.

What about the writing?

Write like you're explaining it to a smart friend who isn't a lawyer. Short sentences. Concrete facts. Judges read a lot of briefs, and the clear ones stand out. Clients read your complaints, too, so make them worth reading.