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Bar News - March 4, 2005


Opinions: If You Knew Then, What You Know Now...A New Attorney's Questions

By:

I asked some of New Hampshire's more experienced attorneys the following questions: "If you had known at the beginning of your practice what you know now, what would you have done differently? What advice would you give new attorneys?"

Find a 'Go-To-Person'

Tony Introcaso, a sole practitioner in Manchester, says that new attorneys often find it difficult to know what is a reasonable outcome for their cases. His advice is to establish a relationship with a more experienced attorney, whom he describes as a "go-to person," who will help you with strategy. You and that attorney should be able to reason out the different approaches to a set of facts or legal issues, and come up with a "reasonable range of alternatives to avoid a lunatic decision."

Memorize Rules of Evidence

First Assistant U.S. Attorney Joe Laplante wishes he had done at least one thing earlier in his career: memorize the Rules of Evidence. He says that he didn't do that until after he left private practice to become a prosecutor. He believes that having command of these Rules is an indispensable tool in court. Being able to follow an objection with a specific citation gives the judge confidence in your position and should result in favorable rulings more often.

Join Your Local Bar

Mary Ann Dempsey, a partner at Wiggin & Nourie, couldn't decide on any one thing. Her first bit of advice was to join your local bar organization, because it's a great way to get to know your colleagues outside of work, and you'll hear some great war stories. Also, these are the same lawyers you will be opposing in court. She noted that familiarity may gain you some goodwill when you are trying to figure out the merest fundamentals, such as which courtroom your case is in and which table you're expected to sit behind. Plus, after meeting people socially, you may be less shy about calling them when you need their advice. Mary Anne also advises you to get to know the court staff-and by all means be nice to them. Inevitably, there will be conflicts in scheduling and they will help you out; they can also let you know the status of your case. Finally, she says to pick something outside of your job, whether it is going to the gym at lunchtime or spending time with your family (which should become a priority from the beginning of your career) or something else that is not law-related. She advises that you work around your family time, instead of vice versa.

Visit Courtrooms

Tim Coughlin, of Coughlin, Rainboth, Murphy & Lown, is still amazed that many times a new attorney's first experience in court is in the course of representing a client. He urges new attorneys to go to court to sit, watch, listen and learn whenever possible. Whenever he's at the courthouse and has a few extra minutes, he will sit in the gallery. Invariably, he comes away having learned something new. For new attorneys, such time spent is free continuing legal education.

Think, Think, Then Speak

David Horan, who practices in Manchester, says that in his younger days as a prosecutor, he would do and say things in the courtroom almost extemporaneously. Over time, he has learned to pause, keep his thoughts to himself, consider a greater number of strategies, and then speak. David observes that newer attorneys might benefit by pausing and considering the impact of each statement before speaking.

Such a variety of responses indicates that there is no single piece of advice to guide us through the first years of practice, but hopefully, these tried-and-true strategies will help us new attorneys to discover our own best practices. By simply asking experienced lawyers more often what they would do in certain situations, we might be able to avoid making some mistakes.

Jim O'Rourke is a trial attorney working with Desmarais, Ewing & Johnston in Manchester. He is a member of the New Lawyers Committee. Jim lives with his wife in Concord.

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