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Nov. 11, 2024

Military service and the law

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Military service imparts valuable skills and qualities that are highly beneficial in the legal profession, such as discipline, commitment, and strong interpersonal skills.

Joseph W. Cotchett Jr.

Founding Partner, Cotchett, Pitre & McCarthy LLP

840 Malcolm Rd #200
Burlingame , CA 94010

Phone: (650) 697-6000

Fax: (650) 697-0577

Email: jcotchett@cpmlegal.com

UC Hastings COL; San Francisco CA

Joseph W. Cotchett is a founding partner of Cotchett, Pitre & McCarthy LLP and one of the foremost trial lawyers in the country, with over 50 years of experience litigating complex civil fraud, antitrust, securities, and mass torts cases. He is also the author of several books on Federal and California evidence.

Military experience does not just yield benefits applicable to one's life, but more particularly, imbues qualities uniquely suited to those navigating the legal profession. Discipline for example is naturally one of the most integral features of military service, acting as a hallmark of the United States military. George Washington has been quoted as saying "Discipline is the soul of an Army, it makes small numbers formidable; procures success of the weak and esteem to all." Discipline, in the context of military service, means to train diligently, follow commands, and enforce the standards set forth by the United States. The discipline instilled from military service in most instances brings with it a powerful work ethic. The discipline needed in the legal field is not altogether dissimilar to this and can yield great benefits. Discipline, and a strong work ethic, are vital traits needed to be successful in law, diligently adhering to deadlines and oftentimes, working long hours to ensure that clients receive proper representation. Military service also demonstrates an unwavering commitment to a greater cause, with such traits being not only useful when practicing law, but crucial in a field where ethics, integrity, and adherence to legal and professional standards are essential.

Service to our country and society

Any kind of service to the public gives one a better appreciation of what service means - a police officer, firefighter, nurse, public service officer - any service that precedes a law practice gives one a better ability to help the public.

In my case, like many individuals, I took ROTC in College and served in the U.S. Marine Corps Reserve at the same time - this was back in the late 1950's and as such, it was a very intense service in those days. Being a Marine reservist while a college ROTC student taking Engineering at Cal Poly Tech kept me very busy.

While I would work in the summers during college, you always had the interruption of a few weeks of service - at such places as Camp Lejeune in North Carolina, or Parris Island, South Carolina.

Following graduation and being commissioned as a Lieutenant in the Army, I was assigned to Ft. Benning and Ft. Holabird for the Army Intelligence School - followed by Ft. Benning again for parachute (jump) school for Special Forces - one gets a "quick introduction" to service to our Country.

It is very similar to trying a new case for litigation - every fact leads to a new vision of the problem you are asked to resolve - whether it being preparation for an operation or a trial - it has surprises that require a quick decision. Whether you are a firefighter fighting a fire, a police officer, or nurse helping people, it is all the same committed service.

In my case, jumping out of a plane for many years as a reserve officer on short operations became a question of common and physical sense! At that point, transferring into the Judge Advocate General Corps made good sense because it aligned with my private litigation practice and my service to the Country.

Once again, the JAG gave me a sense of duty for the Country and an organizational skill that equated to my private world of litigation. While trying a Court-martial one month and a public civilian trial the next month, all added to a goal of service - whether for the Country or for a private client.

The experiences were remarkable, whether in a trial in Uijeongbu, Korea or a trial in San Francisco Superior Court, it was all the same service - whether representing our Country or a client.

The practice of law and especially litigation in the courts all demonstrates a service that was added to by learning the procedures of life - whether in a place with a parachute to get you to the ground or a public courtroom serving people who needed help - it all involves the same service - some more intense than others, but still the same.

Interpersonal skills

Military service also impresses strong interpersonal skills such as leadership and teamwork onto those who serve in any public capacity. Such skills required are being able to effectively communicate with one's counterparts and being able to understand the perspectives of others. Military service also provides those with a unique type of selflessness, with many veterans focusing on putting their team above all else, shouldering as much work as they are able to lead their team to success, a trait undoubtedly useful in any field. Military service also allows one to develop leadership skills needed in the legal field if one wishes to properly direct those around them and find success as a team. These traits further benefit from the strategic thinking and problem-solving skills military veterans obtain through their service.

On top of this, these skills are fostered in undoubtedly some of the highest-stress situations one can encounter. Litigation, often cited as one of the most stressful and rigid professions, pales in comparison to the situations one would encounter in the military. Being able to adapt to these situations in real time and being able to work under pressure is incredibly useful in a field where deadlines are frequent, and where changes that completely change the trajectory of one's work can happen at the moment. Again, in relation to leadership, having the ability to decipher what to do in these situations and decide what course of action would be the best to take when others cannot, is beneficial.

Finally, military experience brings with it attention to detail and procedures that are very conducive to success when one is practicing law. Having learned to follow the necessary rules needed to succeed, I was able to write several legal books on Evidence, Trials and two major books "The People v. Greed, Stealing America" (Patsons Press) and "The Ethics Gap" (Matthew Bender). Being able to see the finer details in complex cases, pinpoint discrepancies in facts and being able to identify mistakes in legal documentation is in no small part necessary when practicing law. Though military service and law are seemingly juxtaposed at first glance, one can apply the skills and lessons they have learned from their experience in the military to great success in the legal profession. One in any public service - local law enforcement to the medical side of public work - is all giving back to the society we live in.

Joseph W. Cotchett served over 30 years - first on active duty and then in the Army Reserves, retiring as a colonel and commander of the 5th Military Law Center - having served in the Special Forces (Airborne), the Intelligence Corp. and then the Judge Advocate General's Corps, receiving the Legion of Merit for his dedicated service.

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