Lessons learned: Advice to young lawyers, Part II

This is Part II of a two-part Commentary by David Cook

VII. “Don’t be a jerk”

Find a mentor that will do more teach you how to navigate the firm or legal technique. Most firms these days assign mentors to young lawyers. If necessary, find an informal unassigned mentor.

Shortly after being admitted to the Bar. I was assigned a case representing Kodak in a claim that they had wrongfully discharged an employee. Surprisingly, I was assigned, with little supervision, to draft and argue the motion to dismiss. I prepared well and was ready to be a real lawyer in my first court appearance. As I was leaving my office to head to court, Jack McCrory, a legend in the local Bar and beyond, yelled at me as I walked past his office.

Jack:    “Are you on your way to court?”

Me:      “Yes.”

Jack:    “Don’t be a Jerk!”

Me:      “I wasn’t planning on it.”

Jack then gave me some of the best advice I ever received as a lawyer:

“Remember, there is a judgement from which you can never appeal. It is what is said about you in the halls of the courthouse by court personnel, judges, and other lawyers. So don’t be a jerk!” Sadly, far too many lawyers never got this counsel.

I thought about that advice as I walked to the courthouse. When I arrived, I entered the court room, and the case called. So, I walked through the gate to the podium and announced, “May it please the court, I am David Cook of the firm Nixon, Hargrave, Devans, and Doyle representing Eastman Kodak.” The judge, with a smile on his face, said, “Mr. Cook, it is nice to meet you. We are just calling the calendar to see what motions will be argued. So, please take a seat and we will get to you soon.” Sheepishly, and trying not to show my embarrassment, I turned around and saw a room full of experienced lawyers kind of snickering. One of them was my neighbor. I sat down in an empty seat next to him. He gave me a few pointers and said, “Don’t worry, you’ll be fine.”

When my case was called. I approached the podium and made my first argument as a real lawyer. I felt good about it, and the judge ruled in the client’s favor. It was quite a day for me. I look back and am amazed I was sent to court to argue a case for the firm’s largest client, by myself. That would never happen today. I was feeling pretty good. I don’t remember anything about the facts of that case, but I have never forgotten the advice from Jack, “Don’t be a jerk!” Jack retired several years later. He told a story in his retirement speech that caught my attention regarding his involvement in the civil rights movement in Rochester in the ‘60s. I asked him if we could go to lunch so I could hear his story firsthand.

Jack was a leader in the Rochester civil rights fight. He was part of a group at Third Presbyterian Church that was working with the Black civil rights leaders to improve housing, job training, and education in the Black community.  On July 24, 1964, the Rochester Police Department (RPD) attempted to arrest an intoxicated man at a block party. The RPD showed up with an excessive show of force. The K-9 unit was let loose which escalated the situation, and rioting proceeded for the next two days, resulting in five deaths, 300 injuries and 900 arrests.

In the aftermath, Jack was responsible for bringing Saul Alinsky to Rochester. Alinsky organized the Black community against Kodak and Xerox. Kodak was Rochester. The attitude of the executives was very patrician; Kodak could not be told what to do. As a result, management dug in their heels. In the end, Kodak was brought to its knees through public shaming and bad press and reluctantly agreed to job-training programs for Black residents.

When it became known that Jack was deeply involved in the effort, the CEO of Kodak told the managing partner of the firm to fire Jack. The firm refused because Jack was widely regarded as one of the very best trial lawyers in New York. As a concession, it was agreed that Jack would never touch a Kodak case again. Jack could have cared less.

What I expected to be a standard hour-long lunch lasted almost three hours. I was mesmerized and knew that I was in the presence of greatness. I learned of some of the tremendous hardships Jack had suffered, including the death of his wife, leaving him with three young children. After his retirement, whenever Jack was at the firm, he always stopped by my office to check in on me. When I was getting started in some of my community involvement, he always wanted to know the details, gave me good counsel and advice, and cheered me on. When I came up for partner several years later, after he retired and unbeknown to me, Jack spoke to the partnership committee on my behalf.

VII. Style: Who you are, not what you wear.

• Style, not fashion, it is how you carry yourself, your demeanor, and presence.
• Be a can-do lawyer. Solutions beat excuses every time. When Bobby Kennedy was the new USAG his stated goal was to crush the mob. He sat with the top lawyers in the DOJ asking for ideas and solutions. Much of the conversation centered on what they could not do. Bobby in frustration slammed a law book on the table and said, “We need can do lawyers in this office. Go figure out how we can put the mob out of business or leave for private practice.” They did and Jimmy Hoffa was soon in jail.
• Be sincere. Judges and juries can smell insincerity from across the room, and they don’t forgive it.
• Praise publicly, correct privately. People remember how you treat them when they are vulnerable.
• Don’t bicker with opposing counsel. Petty fights don’t make you look fierce; they make you look small.
• Keep your sense of humor, it will carry you further than ego ever will.

IIX. Building your practice – ask, notice, serve

Don’t do random acts of lunch. State your intention: “I want to do your legal work because I believe I can help.” Honesty is more persuasive than subtlety.

Remember the story of Tip O’Neill: He learned of an elderly Irish woman in his neighborhood that didn’t vote for him the first time he ran for Congress. He approached her and asked why, her simple answer was, “You never asked me for my vote.” Ask!

Be alert to opportunities. Driving past a Flying J truck stop under construction on I-90 between Rochester and Buffalo years ago, I noticed the familiar logo from my hometown 2000 miles away. While home a few months later for a skiing vacation I reached out to their GC, asking if we could meet for lunch. That conversation turned into years of work across multiple states. Opportunity rarely knocks; more often, it sits quietly waiting for someone to notice.

And when a client moves on after an acquisition, don’t take it personally. Stay connected. In law, relationships age like wine, or like vinegar, depending on how you treat people.

IX. Your family

Work life balance is a fiction and a marketing tool used by recruiters. There are times when you have little control of your schedule. But those times are rare. When your children are young, do your very best to be there. Read them a bedtime story, attend the important events, games, concerts, awards. They will be watching for you. Have dinner with them then log in later when they are in bed, if you absolutely need to.

Your spouse is not your opposing counsel in arguments. Check all your lawyer skills at the door when you come home. My wife is the best at cross-examination of any lawyer I know. My kids could lie to me with a straight face. With my wife they’d fold in a hot minute.

Conclusion: Becoming worthy of work – Let me close with what I hope you remember long after today:

• Guard your character.
• Shrink your ego.
• Grow your judgment.
• Stay curious about people, all people.
• Hold the line on ethics, even when others don’t.
• Develop a style rooted in sincerity, not spectacle.
• Serve those who cannot pay you.
• Always pay attention to the people in the shadows.

Because at the end of it all: lawyering is not just what you do, it becomes who you are. So become someone worth remembering.

Good luck!

David Cook is of counsel with Phillips Lytle LLP.