OCBA UPDATE: The rule of threes - Building a career as a trial attorney

As I approach the end of my tenure as president of the Oakland County Bar Association, I thought I would share some thoughts reflecting on my 40-plus-year career. I do not pretend to have all the answers as to how to build a career as a trial attorney, or to espouse that there is only one path. All I present here is the strategy I followed — and it revolved around “the rule of threes.” (I further note that as an attorney who works mostly on an “hourly” basis, I have no experience base to offer any advice on how to develop a successful “plaintiff” or contingency fee practice. Many of our best trial lawyers sit on that side of the fence, and perhaps one or more of them will someday share their experiences and “formula” for success.)

There are plenty of sayings involving the rule of threes. Some believe that good things happen in threes; some that bad things happen in threes. Maybe it’s spiritual; maybe it is the triangle of life; maybe it’s utter nonsense. Some of my more favored quotes about the rule of threes:

“Einstein’s Three Rules of Work: 1) Out of clutter find simplicity; 2) from discord find harmony; 3) in the middle of difficulty lies opportunity.”
—Albert Einstein

“There are three kinds of people in the world: those who can’t stand Picasso, those who can’t stand Raphael, and those who’ve never heard of either of them.”
—John White

“There are three things I always forget. Names, faces — the third I can’t remember.”
—Italo Svevo

“A writer needs three things, experience, observation, and imagination, any two of which, at times any one of which, can supply the lack of the others.”
—William Faulkner

So how do these concepts apply to the building of a career as a trial attorney? For me, it has been applying the rule of threes in two primary areas: skills development and business development.

Skills Development. I tend to view my development as a lawyer as consisting of distinct stages. No one emerges from law school knowing how to try cases. We may participate in moot court competitions and/or take classes in trial advocacy, but nothing can substitute for the real thing. So I decided early on that I would spend the first 10 years or so of my career just learning the craft and art of trying cases. I accepted a few pro bono assignments that were headed to trial, and gladly accepted the role of “second chair” in cases being tried by my senior colleagues. And even when sitting in the role of second chair, there was always room for me to take a witness or two, whether on direct or cross-examination. As time went by, opportunities were presented to try cases on my own. My singular focus was on trying to become the best lawyer I could be, without worrying about whether I was or was not building a book of business. I always felt the latter would come in due time, but if and only if I became a good trial lawyer. (Whether I succeeded in that or not I leave to others to judge.)

The second phase was applying the skills I had learned as often as possible. In state court, in federal court, and in all kinds of cases. Many attorneys specialize in areas of practice and have been extremely successful in doing so. I preferred to try as many cases in as many different subject matter areas as possible. I have been fortunate to try cases involving free speech, libel and slander, product liability, breach of contract, business torts of all manner, medical malpractice, legal malpractice, misappropriation of trade secrets, construction disputes, and others. I always found the mix helped to keep me interested and invigorated, or what I sometimes call the “busybody” factor: I get to learn more about other people’s business than I ever imagined — and I get paid for doing so.

The final phase merges with the final phase of business development. If you have been successful in developing your skills and applying them while achieving consistent good results, the business should follow. But to help build the business bank bigger, I followed the rule of threes to business development as well.

Business Development. Litigators who charge by the hour, whether solo, small firm, large firm, or other, have a common problem when it comes to business development. We cannot knock on doors or send out letters asking, “Have you been sued lately?” Unlike a number of practice areas that may lend themselves to marketing, such as wills, trusts, and overall estate planning, we do not have a skill set that easily lends itself to marketing. An estate planner might host a seminar on wealth planning, succession planning, or other matters relating to wills and trusts, in the hopes they might entice some attendees to purchase their services. A litigator hosting a seminar on the intricacies of voir dire or jury selection is not likely to have many attendees, let alone any purchasers. So how do we develop business?

As you may have guessed, we are back to the rule of threes. I made it my practice, and have requested lawyers who work with me, to be involved at all times in three endeavors outside of the practice of law. I believe the best formula is to get involved in some state bar activity, a local bar activity, and at least one charity in your community. And I use the number three because there is only so much time that one can devote to these “non-billable” activities, while still serving your clients — and having a life. The purpose is not to resume build. Few ever read it anyway. The purpose is to get known to people — in and outside of our profession. The purpose is to be a name that people may think of when they are in need of litigation services. (I also firmly believe we have an obligation to give time back to our profession and our community anyway.)

Thus when we merge these principles, we are working on developing our skills while keeping our toes in the state bar, local bar, and charitable organizations. And as we hone those skills, demonstrate the ability to effectively use them, we still keep our toes in the state bar, the local bar, and charities. So when we have reached the point in our careers where we have demonstrated an ability to effectively represent litigants, we are on people’s short list, or at least on their radar, of persons to call when they need a trial attorney to represent them.

As noted at the outset, I am certain there are many paths to building a successful career as a trial lawyer on the “hourly” side of the fence. I only offer here the pathway that I chose, and one that has served me well. I hope these reflections may be of benefit to some of our newer lawyers who are mapping out their own pathway to success.
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Keefe A. Brooks, of Brooks, Wilkins, Sharkey, & Turco PLLC, is the 88th president of the Oakland County Bar Association.