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Lyndsay Markley Law

Dec 03
0

$1.5 Million Dollar Settlement in Sexual Abuse Case Against the Archdiocese of Chicago

By | Uncategorized | No Comments

Chicago –December 3, 2020– Attorney Lyndsay Markley resolved a lawsuit against the Archdiocese of Chicago and the Catholic Bishop of Chicago, for a client claiming he suffered sexual abuse by former Archdiocese of Chicago priest, Daniel McCormack. 

The case is filed in Cook County Law Division as John B. Doe v. THE CATHOLIC BISHOP OF CHICAGO, a corporation sole, and THE ARCHDIOCESE OF CHICAGO, 2019 L 7452. A dismissal order will be entered shortly pursuant to the $1.5 Million Dollar Settlement agreed to by both parties.

According to his complaint, the victim alleges he was sexually abused by McCormack in the early 2000s while attending the grammar school, Our Lady of the Westside Catholic School, in Chicago, Illinois. McCormack, an ordained priest, was both a teacher and basketball coach at the school. In addition to attending the school, the victim was also a member of the basketball team that McCormack coached.

According to the Complaint, evidence indicates that the Defendants were aware of reports of sexually inappropriate, predatory behavior by McCormack for years before his first arrest in October of 2005. Despite this information, the AOC allowed McCormack to continue active ministry until after he was arrested a second time on allegations of child sexual abuse in January of 2006. He was permanently removed from the priesthood in November 2007 and pleaded guilty that year to abusing five children. 

Attorney Lyndsay Markley says: “For far too long the Catholic Church has allowed predators access to minors and children while offering lip service to its parishioners and the public that they have a “zero tolerance” of sexual abuse. By continuing to hold the AOC accountable publicly, we hope that in the future they will prioritize the protection of children over the reputation of a priest.” 

In addition to resolving this case against these Defendants, Lyndsay Markley has successfully represented several other lawsuits against the Archdiocese of Chicago arising out of allegations of abuse by former priest, Daniel McCormack. 

Media interviews

For interviews, please contact Violet Marquardt at violet@gossipgenie.com or 630-338-9830.

More about Lyndsay Markley

Lyndsay Markley is a trial lawyer based in Chicago and the principal of Lyndsay Markley Law. To date, Markley has obtained substantial compensation for her clients in all areas of personal injury and wrongful death litigation and tried numerous cases to jury verdict. In the past four years alone, Markley has secured tens of millions of dollars on behalf of her clients. Before starting Lyndsay Markley Law in 2014, Markley served as a named shareholder at a Chicago law firm and, notably, was the law firm’s youngest and first female partner in its 60-year history. Currently, a great deal of Markley’s practice is dedicated to representing victims of sexual and physical abuse in civil lawsuits.

In addition to obtaining notable verdicts and settlements on behalf of the plaintiffs she represents, Lyndsay has received numerous awards and honors, including being named by The Chicago Daily Law Bulletin as one of the top “40 Under Forty Illinois Attorneys to Watch” in 2018 and designation as an Illinois “Super Lawyer” in 2017 through 2020 by SuperLawyers/Chicago Magazine. She is regularly interviewed about her own cases and current legal events by local and national media, bar associations and professional organizations, including the Chicago Tribune, Chicago Sun-Times, NBC Chicago, CBS Chicago, ABC 7 Chicago, WGN TV, NPR, Chicago Lawyer, and National Trial Lawyers.

Jul 11
0

Learning and Teaching

By | Blog, Leadership, Mentoring

Mentoring can help you succeed and allow you to help others.

Women’s History Month was in March, and as a female practitioner, it’s a topic that’s usually in the forefront of my mind.

But whether it be in March or any other month, my focus will be on what I can do to continue to celebrate and promote the role of women in the legal profession.

One of the most powerful ways that women can support each other is to serve as mentors to other female attorneys.

I am proud and pleased to be “mentor-rich.” My array of mentors include trial attorney mentors, networking mentors, style mentors, judicial mentors and rainmaking mentors.

These women and men have been instrumental in guiding me through the first nine years of practice, allowing me to land in the wonderful place I am today.

Some of my mentors have played small but important roles in my life. And others have changed my life’s direction completely.

For example, as an undergraduate student, I was involved in the planning of an alumni Law Day.

One of the guests was an esteemed Chicago trademark attorney, and I was tasked to pick her up from the airport. I was mildly irritated at this prospect being that it cut into my … um … studying time, but I soldiered through the 90-minute drive to the airport to escort our prized speaker back to campus.

I was prepared to be miserable and suffer through dry, forced conversation until she was safely tucked away at the campus inn.

I could not have been more wrong.

To say the very least, we hit it off immediately. We chatted the entire time about my aspirations to be a lawyer, her experiences in the practice of law, including being in one of the first classes of women to graduate from her law school, and many other subjects.

The next day, we met again for lunch, and at the end, my new mentor asked me if I had considered applying to her law school alma mater, IIT Chicago-Kent College of Law.

I had not, but the next thing I knew, I was in Chicago staying with my mentor and visiting my future law school.

This wasn’t the only way that my mentor changed my life. Although recently retired, she continues to share her experiences as a practitioner, advice on how to handle tricky situations and support when I need a cheerleader.

Despite being one of the busiest attorneys I have ever met, this woman dedicated time and energy to me — a young woman from Ohio that she did not have any reason to help — and consequently changed my life.

We don’t have to be at the beginning of our careers to have a mentor, and we don’t have to be at or near the end to serve as one.

At all stages of our careers, we can use the support of another woman who shares our experience and love of the law.

Nor does mentorship have to be a time-consuming endeavor — some of my mentors and I have quick phone calls, e-mails or coffee when time permits, but I know they are there and I know they support me.

In turn, I have hired four female associates during my years leading my law firm.

I have served as a mentor to a woman through the Women’s Bar Association of Illinois, and I regularly accept coffee invitations from law students or attorneys looking to connect.

Although I know I am doing something good for the mentee, I also benefit from these exchanges because they invigorate me in my practice and remind me of why I started out on this path to begin with — because I wanted to make a difference.

In this digital age, when most human contact involves looking at a “newsfeed,” it’s understandable that most people feel disengaged and isolated.

Therefore, it’s important that we don’t allow the community we have built to fall prey to separation.

Women must continue to foster relationships that provide support, hope and transfer our knowledge and power so that the presence of law firm women leaders matches our presence in the legal field.

We are much more likely to succeed as friends than as detached individuals or, worse yet, foes.

I challenge you — whether you are a new attorney or 20 years out — to reach out to two other female attorneys: one that you would like to mentor and one that you would like to mentor you.

 

This blog was originally posted on ChicagoLawyerMagazine.com.

Jul 01
0

Look Before You Leap

By | Blog, Leadership, Professionalism

Being a partner is great, but hold on a minute …

In nine years of practice, I feel blessed to have experienced one of the greatest moments of any attorney’s career: I was named a shareholder partner at an established Chicago law firm.

Like many other young lawyers, having that title was something I have long dreamed of. In fact, when other little girls were playing “bride” with their Barbie, mine was blowing off plans with Ken to work on a big lawsuit. When that day finally came, in 2011, I let excitement take over and didn’t realize the reality of what I was getting myself into.

It took some harsh realities to learn that before saying yes to partnership, you should first take measures to investigate your investment in the business and to protect yourself throughout the course of the partnership’s existence — and in the event that you move on, which happened in my case when I decided to set up my own law office in February 2014.

Here’s my advice to any attorney thinking of making the jump from associate to partner.

Have a written partnership contract

Who would operate a business without a written contract defining the rights and obligations of the shareholders?

It may sound crazy, but it is surprising to learn that many attorneys are operating their businesses on an honor system. Although in the short-term this might be the easy way, long-term written documentation of the partnership agreement will avoid confusion and, in the worst case scenario, litigation.

In the event that no agreement is signed, there might be support depending on where you’re based (in Chicago, the Illinois Partnership Act normally controls), but relying on this as a default is not the best idea.

Review the firm’s financial past, present and future

In the excitement of a promotion, who is thinking about finances? Or maybe it feels awkward to ask a superior for financial information. Usually an attorney assumes that there is money to continue operation and that the ship is under the control of a good captain. Do. Not. Do. This.

Ask to see the last five years’ worth of financial statements, including firm tax returns, profit and loss reports, the year-to-date financial statement, a business plan and any other documents your accountant recommends.

Then take these documents to an independent accountant so you can be educated as to what the numbers actually mean.

If your potential future partner refuses or says that any of these documents do not exist (including a business plan), don’t just say no to being a partner, start looking around for a new job. Financial transparency is key.

Have (another) attorney review said document

Have you ever heard the expression “an attorney who represents himself has a fool for a client”? This could not be truer in the context of putting your financial future in your own hands. You are emotionally invested in these decisions and likely have no experience in knowing if you neglected to address a necessary topic or potentially wrote in a provision that nullifies all of the documents.

Having an attorney provide you with advice about the creation of the document or documents will be much less costly than the lawsuit attempting to sort out ambiguous or neglected terms.

If your partner tries to discourage you from seeking outside legal counsel, this is a huge red flag.

Ask questions about the future of the firm

Make sure you find out what your partner’s future vision is for the firm.

How does he or she see succession occurring? Does your partner have an interest in long-term financial sustainability?

How does he or she address saving? Spending? Distributions?

Address the bad times

It is so much fun to address the good times that will be ahead, such as the distribution of assets from all of the money you will no doubt make as a partner.

However, you should address from the beginning your role in the allocation of these funds. Your own accountant is essential, and he or she should be present during quarterly financial reviews and, at the bare minimum, end of year. If your partner balks at this proposition, think about why.

Address your possible future departure, termination, death or injury. It is hard to imagine that you will ever part from your firm (especially if your name is on the door), but you have to include this scenario in your agreement to protect everyone, including your clients and business.

Provide for the allocation of funds, fulfillment of financial obligations and resolution of grievances.

Although none of these provisions may never be necessary, if they do, you will never be sorry that they were addressed outside of a costly legal battle.

 

This blog was originally posted on ChicagoLawyerMagazine.com.

Jun 08
0

The Importance of Mentoring: How Strong is Your Network?

By | Blog, Leadership, Mentoring, Professionalism

I’m passionate about helping other female lawyers flourish in the legal profession and one of the most powerful ways that women can support each other is to serve as mentors to other females in their chosen industries.

I am proud and happy to be ‘mentor-rich’. My array of mentors include trial attorney mentors, networking mentors, style mentors, judicial mentors, and rainmaking mentors. These women and men have been instrumental in guiding me through the first nine years of practice, allowing me to land in the wonderful place I am today. Some of my mentors have played small but important roles in my life, and others have changed its direction completely.

A mentoring story…

As an undergraduate student, I was involved in the planning of an Alumni Law Day. One of the guests was an esteemed Chicago trademark attorney and I was tasked to pick her up from the airport. I was mildly irritated at this prospect being that it cut into my…um…studying time, but I shouldered through the 90-minute drive to the airport to escort our prized speaker back to campus.

I was prepared to be miserable and suffer through dry, forced conversation until she was safely tucked away at the campus inn. I could not have been more wrong. To say the very least, we hit it off straight away. We chatted the entire time about my aspirations to be a lawyer, her experiences in the practice of law, including being in one of the first classes of women to graduate from her law school and many other subjects.

The next day we met again for lunch and at the end, my new mentor asked me if I had considered applying to her law school alma mater, Chicago- Kent. I had not but the next thing I knew I was in Chicago, staying with my mentor and visiting my future law school. This wasn’t the only way that my mentor changed my life – although recently retired, she continues to share her experiences as a practitioner, advice on how to handle tricky situations and support when I need a cheerleader. Despite being one of the busiest attorneys I have ever met, this woman dedicated time and energy to me – a young woman from Ohio that she did not have any reason to help – and consequently changed my life.

We don’t have to be at the beginning of our careers to have a mentor and we don’t have to be at or near the end to serve as one.

At all stages of our careers, we can use the support of another woman who shares our experience and love of our chosen career. Nor does mentorship have to be a time-consuming endeavor- some of my mentors and I have quick phone calls, emails or coffee when time permits, but I know they are there and I know they support me. In turn, I have hired four female associates during my years in leadership of my law firm. I have served as a mentor to a woman through the Women’s Bar Association of Illinois and I regularly accept coffee invitations from law students or attorneys looking to connect. Although I know I am doing something good for the mentee, I also benefit from these exchanges because they invigorate me in my practice and remind me of why I started out on this path to begin with – because I wanted to make a difference.

In this digital age where most human contact involves looking at a ‘newsfeed,’ it’s understandable that most people feel disengaged and isolated. Therefore, it’s important that we do not allow the community that we have built to fall prey to separation. Women must continue to foster relationships that provide support, hope and transfer our knowledge and power so that the presence of women in leadership of law firms matches our presence in the legal field. We are much more likely to succeed as friends than as detached individuals or worse yet, foes.

So in closing, I challenge you – whether you are a graduate or CEO – to reach out to two people – one that you would like to mentor and one that you would like to mentor you.

 

This blog was originally posted on BeLeaderly.com.

Jun 03
0

9 Things to Know About Asking for a Raise

By | Blog, Professionalism, Uncategorized

Compensation reviews can be unpredictable and unpleasant. There can be an uncertainty about when is the appropriate time to ask for a raise, causing hard feelings on both sides. I’ve been on both sides of the fence when it comes to raises and it’s difficult for all parties involved if the process isn’t handled professionally. Here are my nine top tips for anyone who is considering asking for a raise: 

1) Be scheduled
If compensation/performance reviews are not discussed during your final interview, I recommend addressing them as part of your overall package. By providing all parties involved with a clear time frame, an employee is saved the anxiety of the unknown and for the partner it prevents random requests for compensation at a time that’s usually less than ideal.

Side note for employers: I have heard some less than savvy employers say that they prefer to ‘surprise’ employees with random raises and bonuses, as opposed to providing a set structure like the one I have described above. Although I agree that many employees would be delighted to have a random compensation increase, this should occur in addition to and not in lieu of a real meeting where the employee is able to prepare and present themselves for feedback. It just isn’t fair to keep your employees guessing.

2) Be prepared
Prepare answers to the following: Why do you deserve a raise? What positive impact have you demonstrated? What qualities do you have that will serve the firm in the future (meaning you are worth the investment)? List out the qualities you have now that will benefit your employers in the future and give concrete examples. Refer to hard financial data on your performance, too.

3) Don’t be entitled
Several years ago, an associate in my firm attended her compensation review with only one factor in mind that – apparently, she was due an obligatory one-year salary increase. She had no idea what positive or negative impact she brought to the company, nor did she seem to care. On a side note, this first year associate had taken 17 days of vacation – not including ‘half’ days. Although her raise request was done with a straight face, it was hard to avoid disbelief on mine. The asker should be prepared to demonstrate objectively and subjectively, why they deserve an increase in pay. 

4) Be aware of your company’s financial climate
A successful request for a raise will depend a lot on timing, even if the meeting is scheduled. Look at the circumstances going on at your office: Did your company just lose a big client? Are you hearing about budget cuts? If so, it might be good to delay the meeting for a few weeks.

5) Be conscious of your value
There are many reasons why you might not be an ideal candidate for a raise and the best thing you can do is hear these out, improve upon them and try again. If you’re denied a raise based on some performance issues, commit to your employer that this is going to change and ask for a six-month performance review.

7) Be calm
Appearing hot and defensive when you ask for a raise won’t go well. You have to be an advocate for yourself while remaining level headed – not an easy thing to do. Be in a good place before this discussion by trying to schedule it at a time when you are not rushed, hungry or stressed out. Visualize the success of the meeting on a regular basis as much as possible before it happens and, if you’re into this sort of thing (I am!), mediate beforehand. Calm, cool and collected are three huge assets any employer would want to celebrate.

8) Be creative
Cash flow is a problem in most businesses. If your employer informs you that you deserve a raise but money is too tight, be prepared with a creative solution. An idea from my business (plaintiff’s personal injury and wrongful death), would be asking for commission on business you bring into the company. Other ideas are amenities: gym or club memberships, increased vacation days and a flexible schedule. Try to think about all of the possible ways you can get what you want, without breaking your employer’s bank to get it.

9) Be clear
Ask for what you want, plus a little more. This is a negotiation. You want room to move. If you’re granted your first demand that’s wonderful, but the odds are strongly in favor of a counter, which is less than your wildest dreams. If you build in room to move in your request, you can have real dialogue that also makes you look reasonable.

 

This blog was originally posted on BeLeaderly.com.

May 17
0

Nine Qualities of Female Leaders Who Get Beyond the Glass Ceiling

By | Blog, Professionalism

I’m frequently asked to speak about women in law and specifically the issue that only a small percentage of female attorneys are given management and shareholder status, despite the fact that about 50% of all working attorneys are women.

Unfortunately, there are many other frightening statistics – women are paid less than men across the board and seem to fall off the grid five years into the profession, while our male counterparts rise up the career ladder.

These statistics are troubling and similar statistics arise from a lot of other industries. On a positive note, I regularly witness another reality where many females are evidentially successful entrepreneurs building great businesses. This leads me to believe that there are two parts to the issue – how society approaches the monetary value of females in the workforce and how we, as women, approach our financial value.

I confess that in my past, I have received and accepted ‘gender shaming’ from managing partners when I asked for an increase in compensation (i.e. I was not acting ‘ladylike’) and that I did not know my own worth in my own company. When I finally figured out my worth and asked for it, the consequences were career changing.  After watching female colleagues I admire overcome this issue and now having found my own power in my career, here are my thoughts on the nine qualities of a female leader who gets beyond the glass ceiling: 

1. We are entrepreneurial. We want and need to have our own book of business and we hustle to get it. We are hunters, out looking for business so no one can doubt our worth. We’ll also fight to keep control of our business even if it means a change of business’ address.

2. We know what we are worth. Ask most men how much business or money he made for his company last year and he will proudly tell you. Now ask a woman. Most do not know. Until 2013, I was one of these women. I blindly assumed that I was compensated fairly and I lived in a peaceful, blissful ignorance. Then it came time to re-negotiate my compensation and a quick look at the books showed that I was responsible for a much more significant portion of our revenue that I thought. Knowledge is power. Now that you know what you are worth…

3. We ask for it. Statistically speaking, women in all professions are much less inclined to ask to be compensated in accordance with their value. The women I know who are rocketing to success have asked for what they want and if they have not gotten it from their employer – they went out and got it on their own. Asking for what you want is scary. Your boss/partner/colleague can say no or get angry. Or you could get what you asked for (even begrudgingly). If the answer to your request is ‘no’ you have been given an amazing gift – the truth. Your business does not value you. Unless there is a legitimate economic explanation involving complete financial transparency as to why you cannot be compensated fairly, you have to go. Many businesses have started for this very reason.

4. We know what we want. When I started my first associate position at a defense firm I knew what I wanted: trial experience. I told my new bosses that I wanted every case in the office with an arbitration or a trial date within the year. I got them and I tried them all. This turned into three job offers in less than one year. When I made my next career move to the plaintiff’s side, my goal was even clearer: shareholder status with my name on the door. I made this absolutely clear.  If I was going to work for this law firm I was going to be on the fast track. You cannot get what you want, if you do not know what you want. And if you keep being told ‘no’ you know where you stand with your business: nowhere good.

5. We hustle. As an associate and partner at a small firm, I worked long hours to be an attorney but I never forgot that being the ‘best’ attorney was not going to bring me in business. I dedicated time each day to maintaining relationships, searching for opportunities to expand my business, and making new relationships. Yes, it is hard work and many of us do not want to socialize a lot at the end of the day, but women who succeed make time to do this just like they make time to get their nails done.

6. We don’t make excuses. We fail. We get fired. We lose cases. We win. We get promoted. That is the way of life. When you try – when you put yourself out there – you WILL fail sometimes. It is part of life. It is easy to win and succeed. If you want to know someone truly, watch them get back up after a fall.

7. We are innovative. I have never had a problem that I could not solve because I usually find issues to be the perfect time for change. When I’m stumped, I call my mentors, attend seminars and Google random search terms until I find my answer or at least a lead. This has led me to solutions that were much better than what I did before I had the ‘problem’.

8. We are authentic. The women – and men – I know who are the most successful are completely true to themselves. They are quirky, interesting, unique individuals who can be off-putting, tough, cranky, funny and inappropriate. They are not perfect. They don’t always say the right thing but they know who they are and people love it.

9. We help others. All the women I know who are truly successful promote and support other qualified women so we can be the change we seek. Even if you are new to the profession you can and should help others.

How do you rate yourself on these nine qualities? Which of these are you strong in, and which will you work on?

This blog was originally posted on BeLeaderly.com.

May 09
0

The Five Rules of Professionalism

By | Blog, Professionalism

When I tell people that I’m a trial attorney, one of the first questions they ask is about attorney relationships. The general public assumes that all attorneys spend most of their time engaged in a heated battle with opposing counsel. I’m always delighted to inform them that some of my best friends are defense attorneys, and even if we don’t form a lifetime bond, I have a great collegial relationship with most attorneys on the other side.

Of course, there are the exceptions. During the prosecution of one of my wrongful death cases earlier this year, I encountered a hostile situation that had me looking to the Attorney Code of Ethics (which was sadly absent of any definitive requirement of professionalism towards our colleagues), as well as my mentors for guidance. This conduct by another attorney who was representing the defendant in my plaintiff case was appalling and totally unjustified; personally attacking me in emails and having outbursts during discovery depositions, including calling me a “little girl” several times.

Although I hope this type of conduct is the exception and not the rule, it caused me to reflect on five lessons I have learned about professionalism, not just in the legal industry, but in all industries:

1. Think it, do NOT ever write it.
For example, remember that the easy, casual nature of email is deceptive – it feels like a conversation among friends – but it is not.  Within the past nine years, email has become the main means of communication in many professions. Email is great, saving you and your customers time and money – but be careful what you say at all times and remember that it might not be the best way to communicate with certain individuals.

2. Don’t engage a miserable peer.
Misery loves company. It is safe to assume that a peer that’s making your life a living hell, likely behaves that way towards everyone else in their path too. The less interaction with this type of person, the better. Only respond when necessary and keep responses short, sweet and focused. Taking the ‘high road’ might not be fun – it requires self-control and patience – but don’t ever sink to the level of anyone that is misbehaving. You’ll never regret acting with grace and dignity.

3. Ask your mentors.
In my recent case where the lead attorney’s conduct was wildly out of control, I turned to my peers for advice. Most of the advice I received was to move for sanctions or a protective order. This did not feel like the correct solution but I had no idea how to handle the level the conduct was rising too. I decided to turn to a judge that I respect, seeking out her wise counsel on the situation. She said to handle the situation with as much grace as possible unless it prevented the forward momentum of the case.

4. Remember we’re all human.
Remember that you have no idea what is going on in someone’s life – if they’re going through a divorce, a sickness, a death. Try not to take interactions personally and also, try to show empathy and patience when someone is not being very likeable. You’ll never regret having taken the high road, but engaging in poor conduct will likely come back to haunt them.

5. Accept an apology.
Twice in my career I have received apologies from poorly behaving attorneys. After listening to what they had to say, both involving serious health issues and medications, I readily accepted the apology and moved forward anew. Do not make someone grovel who already knows they were wrong.

 

This blog was originally posted on BeLeaderly.com.

Feb 03
0

Podcast: Being a ‘Lawpreneur’

By | Blog

My law firm’s one-year anniversary takes place this month (February 2015)! I shared my experience of managing my own personal injury and medical negligence law practice with Miranda McCroskey (above), host of Lawpreneur Radio, reflecting on the importance of focus, my favorite resources and books. Listen to the interview here.

Jan 28
0

Why You Should Never Give a Negative Reference About a Former Colleague

By | Blog

I regularly write thought leadership articles for a variety of legal industry publications. This article originally appeared on the National Trail Lawyers website here. 

How should you respond when you receive a call about your former boss/colleague/employee who would make the bosses in Bad Bosses seem like angels?

One of my favorite stories on this subject was told to me by a friend who works in high level government recruitment in the private sector (code for: she offers people salaries higher than most jury verdicts).

My friend had been searching for a candidate for a position that involved a great deal of discretion, trustworthiness and loyalty amongst other academics and professionals.

She contacted the former boss (let’s call her ‘Sarah’) of one of the candidates (let’s call her ‘Jane’) and received glowing feedback. Sarah said Jane was a very successful person in the field at issue; that Jane’s job was tough but she handled it with aplomb and was great to work with – even picking up a cup of coffee for her on the way to work every day! Jane sounded like a dream candidate.

My friend then called Jane but the conversation went quite differently. Mistakenly assuming that the job call was in reference to her former boss, Sarah, being considered for a new position, Jane used this opportunity to vent years of frustration. She talked about how hard she had to work because Sarah did not; how unappreciated she was at her job despite being ‘better’ than Sarah and how this ‘monster’ forced her to collect coffee every morning. After listening to Jane talk for about 30 minutes, my friend interrupted her to explain that she, not Sarah, had been the candidate. No job offer was made.

The reality is that unless illegal discrimination or misconduct is involved, ranting about your former employer usually only achieves one thing: it makes you look foolish. Jane completely eradicated a glowing review from a tough boss with a lot of street cred in her profession – qualities any new employer would take a lot more seriously than office drama. In one phone call, Jane proved that she did not have the discretion, maturity or loyalty to handle this 7-figure salary job – just so she could indulge in a 30-minute rant about her former boss.

I have sat in interviews with candidates that complain about how under-appreciated they are at their job, providing examples of how much smarter they are than their current boss. Only one thought runs through my mind: no way.

I recommend that if you don’t have anything nice to say, do not say it. And there’s no need to say anything unless there is a reason to talk. If it’s simply gossip, avoid it – the legal community is too small for you to have your name behind needless gossip. What matters is what you learned on the job! We all have horror stories of how we have been ‘wronged’ at our jobs, but telling them just makes us sound bitter and lessons are credibility in any context.

Jan 22
0

How to be a Professional Attorney: Seven Important Lessons

By | Blog

I regularly write thought leadership articles for a variety of legal industry publications. This article originally appeared on the National Trail Lawyers website here. 

When I tell people that I’m a trial attorney, one of the first questions they ask is about attorney relationships. The general public assumes that all attorneys spend most of their time engaged in a heated battle with opposing counsel. I’m always delighted to inform them that some of my best friends are defense attorneys, and even if we don’t form a lifetime bond, I have a great collegial relationship with most attorneys on the other side.

Of course, there are the exceptions. During the prosecution of one of my wrongful death cases recently, I encountered a situation that was so hostile it had me looking to the Attorney Code of Ethics (which was sadly absent of any definitive requirement of professionalism towards our colleagues), as well as my mentors for guidance. The conduct by the lead defense counsel was appalling and totally unjustified; personally attacking me in emails and having outbursts during discovery depositions, including calling me a “little girl” several times.

Although I hope this type of conduct is the exception and not the rule, it caused me to reflect on several lessons I have learned about professionalism in law (or at the very least, just acting like a normal human being!):

  • Think it, do NOT ever write it. Assume that every single thing written during the course of litigation will at some point be seen by a judge. The easy, casual nature of email is deceptive – it feels like a conversation among friends – but it is not. Within the past nine years, email has become the main means of communication in our profession. Email is great, saving you and your client time and money – but be careful what you say at all times and remember that it might not be the best way to communicate with certain individuals.
  • Don’t engage a miserable attorney. Misery loves company. It is safe to assume that an attorney that’s making your life a living hell, likely behaves that way towards everyone else in their path too. The less interaction with this type of person, the better for you and your case. Only respond when necessary and keep responses short, sweet and focused. Taking the ‘high road’ might not be fun – it requires self-control and patience – but don’t ever sink to the level of an attorney that is misbehaving. Take solace in the fact that most judges, and all litigators, know who is naughty and who is nice in our community. You will never regret acting with grace and dignity.
  • Assume you’ll meet again. It’s easy to forget that our community of litigators, despite the deceptively large number, is small and tightly knit. It’s highly likely that an attorney you have on a case, meet in a courtroom or work with on a committee, will come up again and again in your professional life. For example, during my early days as a defense attorney, I was instructed to mail out a standard practice form letter. I’ll never forget the telephone call I received a few days later when the plaintiff’s attorney called my office to chastise me and inform me that I “was no one, knew no one and would never be anyone” and that he was going to “black ball” me from the legal community. I had no idea what he was so upset about (and now that I know how standard 201(k) letters are, I’m even more baffled), and hung up the telephone feeling disheartened. Later that year I was at an event and encountered this attorney yet again. Turns out he was running for a bar association office. Not recalling my name, he warmly shook my hand and asked for my vote. He continues to seek election to this day. Although I don’t hold a grudge, I decline to ever vote for him for the same reason I never date men who are mean to restaurant servers…
  • Show mercy. At some point you will receive a frantic phone call from another attorney needing an extension. Even if they were tough on you, rude to you, give them the extension. I have seen a huge transition in the personality of a difficult attorney who has received mercy – why not buy yourself what could be a couple of years of less terrible interactions, for seven extra days on writing a brief? You might need a favor from them in the future and if they don’t give it freely, point out that you did it for them.
  • Ask your mentors. In my recent case where the lead attorney’s conduct was wildly out of control, I turned to my peers for advice. Most of the advice I received was to move for sanctions or a protective order. This did not feel like the correct solution but I had no idea how to handle the level the conduct was rising too. I decided to turn to a judge that I respect, seeking out her wise counsel on the situation. She said to handle the situation with as much grace as possible unless it prevented the forward momentum of the case.
  • Remember we’re all human. In addition to being attorneys, we’re all human beings. Our job is inherently adversarial which adds a unique component of stress to what is already a stressful position. You have no idea what is going on in someone’s life – if they’re going through a divorce, a sickness, a death. Try not to take interactions personally and also, try to show empathy and patience when someone is not being very likable. You’ll never regret having taken the high road, but an attorney who engages in poor conduct will likely see that come back to haunt them.
  • Accept an apology. Twice in my career I have received apologies from poorly behaving attorneys. After listening to what they had to say, both involving serious health issues and medications, I readily accepted the apology and moved forward anew. Do not make someone grovel who already knows they were wrong.