Mentoring the next generation of plaintiffs' advocates

Having enjoyed the privilege of representing plaintiffs in federal and state courts for the past forty-five years, I have, albeit belatedly, begun to focus on clearing and smoothing the path to leadership, in the complex, high-profile areas of class actions and multidistrict litigation, for the next generation of advocates.

This is an especially crucial initiative for those still visibly under-represented in our courtrooms: women lawyers and attorneys of color. The fact that I even still have to use those qualifiers ("women" and "of color") in describing these rising advocates reveals the still-daunting inclusion deficit and highlights the urgency of the task. The courtroom is the place where truth speaks to power, in the cause of justice. If we do not include and empower younger lawyers to speak this truth credibly and effectively, we are shortchanging not only our clients but thwarting justice itself.

I come to this cause belatedly. Absorbed in my own efforts to find a place for myself as an "odd person out" in the law (a woman, gay, too short to reach the podium, and unreconciled to the "floppy bow" courtroom attire of the 80s), I assumed, despite evidence to the contrary, that effort and merit itself would accomplish the recognition and advancement of all my "different" colleagues. I was mistaken. The barriers of racism and sexism were and are still- formidable, as the recent election made abundantly clear. Change never just happens, it needs a push.

My immersion in courtroom advocacy was abrupt: I was sent to try a case mere days after getting my bar license. I was unprepared, ignorant, and naïve. I lost, immediately and badly. I do not recommend the learning-to-swim-by-drowning method.

Fortunately, my boss (and soon-to-be longtime law partner) helped fix my mistake, and I began studying in earnest the courtroom styles and methods of other lawyers. Sonoma's branch of the then-municipal court was just a few steps away from our two-lawyer office. Sitting through lengthy motion calendars, I had a ringside seat to watch and learn from the parade of the good, the bad, and the sometimes ugly. When we moved our office to San Francisco, I benefitted from the support system of the Bay Area legal community, which truly has community attributes, including a shared and abiding sense of civility and ethics, and plenty of great lawyers to learn from. My "mentors" were the many wonderful lawyers on both sides of the "v." whom I watched and listened to in court and conference rooms, and the fine judges of our courts.

We all can still learn a lot by watching and listening, and the advent of Zoom hearings makes this real-time continuing legal education more convenient than ever. I recommend this to every young lawyer. You will see what works and what doesn't. You will discern who is effective and who isn't, and why. You will also find an authentic way of advocacy that suits who you are as an advocate and problem solver. As you find yourself you will become, if not unbeatable, unstoppable.

This is not an entirely D.I.Y. prescription for young lawyers. You are not, nor should not be, alone. We older lawyers have a role and an obligation to advise and consult with you on issues and strategy, to answer your questions about how things really work, and yes, to literally bring you along to court, depositions, and conferences. Litigation, like sausage, doesn't make itself, and its ingredients and processes can be mysterious. You need to see the process. The hard-won knowledge and savvy of more experienced practitioners is worthless if it stays a secret. Its value comes from sharing. This is especially true on the plaintiffs' side, where it is our duty to take the initiative, to move the case forward, to propose new and better ideas for efficient and cost-effective case management, and to prevent delays in the delivery of justice.

The time spent on active mentorship - the sharing and instruction in the lawyer's craft, cannot always be billed and it cannot always be spared by busy lawyers already spread too thin. But younger lawyers who possess the energy, dedication, ideas, and desire to advance the standards of litigation need to be included in a meaningful and visible way. The law is a relay, and we need our next torchbearers to be ready for their sprint. I am no paragon in this regard. I did not practice soon enough what I now preach. But those of us who, whether belatedly or consistently have been engaged in the assistance and support of younger lawyers as they ascend to leadership in complex litigation have been impressed, encouraged, and often dazzled by the results. Let's remember, Zoom and the internet notwithstanding, that the law cannot be learned or practiced entirely remotely. Litigation is a stressful endeavor, but when conducted as a collaborative effort, and when we ensure that it is inclusive in every sense of the word, it is uniquely satisfying.

So, the prescription for those of us with a few years and battles under our belts: each one, bring one or more to every hearing, trial, deposition, conference, and strategy session that we possibly can. Let us nurture and then include them, present them to court, and back them as leaders in our cases. For us "oldsters" our mentorship in action will pay off quickly as we gain colleagues whose skill and effectiveness will quickly astound us. Most importantly, practicing succession like we mean it will insure the health and future of plaintiffs' advocacy in a world that needs it now more than ever before.