Learning from the second chair

Listen to this article

I was in Greenbelt on Monday for a motions hearing in U.S. District Court as local counsel in a patent and trademark case. Counsel from California argued the motions.

I viewed my presence at the hearing as necessary procedurally but generally unnecessary. Aside from introducing myself to the court, I was as quiet as a church mouse during the hearing.

Yet, as the hearing got underway, I realized I had the rare opportunity to observe a seasoned litigator argue without being on the other side of the trial table.

It was surprisingly pleasant to watch a skilled attorney practice our craft without sweating bullets and wondering if I would be able to adequately counter his points. It also took me back to the “good old days” of clerking in Baltimore County Circuit Court.

There were two points I took away from the proceedings I hope to make part of my practice moving forward:

1. Counsel was intimately familiar with the details of his case. Without looking at the exhibits, he was able to cite to specific paragraphs of specific documents. Keep in mind that there were three motions before the court and, for each motion, counsel had a thick binder full of documents. His ability to refer to documents and quote verbatim was nothing short of impressive.
2. Counsel had read and re-read the Rules of Procedure prior to the hearing. This seems like an obvious task; yet, it is not something I do routinely, unless there is a specific Rule at issue in the case.

I realized there are often unanticipated opportunities to learn and develop our trade. It is important to recognize those opportunities when they are presented and to actively seek to learn from others.