Kocsis: Here are three tips to prepare for the actual practice of law

Law school develops your analytical thinking and teaches you how to think like a lawyer – but it does little in the way of preparing you for the actual practice of law.

As a deputy prosecuting attorney and trial lawyer, most of what I have learned has come from on-the-job experience. In my current role, I supervise the traffic and misdemeanor division, which is the typical starting ground for new lawyers in our prosecutor’s office.

Developed from my own experiences and from training others, here are some tips I hope will be helpful as you embark on your exciting career.

Read the statutes, rules of evidence

Yes, I know this tip is mundane and seemingly obvious. However, in my experience, much information is passed along within an office by word of mouth, and I find that this crucial step is often overlooked.

Reading the statutes is crucial to understanding the elements that you will need to prove in trial. For example, having a colloquial understanding of “disorderly conduct” is far different from what the specific parameters and elements of I.C. 35-45-1-3 actually state. Furthermore, often words and phrases within the statute have further definitions that can be found in statutory and case law.

Additionally, when making arguments in court for the admission of evidence, you will need to be well-versed in the applicable rules of evidence and case law. I highly encourage asking questions of co-workers to learn.

However, a common pitfall I have seen is a newer attorney asking the question of a co-worker and then moving on to a different task. When standing in court in front of a judge who is not certain whether your evidence is admissible, your response cannot be, “my co-worker said it was allowed by case law.”

Knowing that something is admissible is not enough. You will need to be able to point the judge to a specific rule of evidence or case that supports your position. Remember, a judge may not be familiar with this specific area and you cannot rely on the hope that the judge already knows the answer. I have seen admissible evidence excluded from trials after opposing counsel objections because the attorney is not able to articulate the relevant law.

While a rule of evidence or law may seem to be common knowledge among your peers or within the office, that does not mean it is commonly known by all. An attorney should be prepared to offer a cogent legal response to any objection of evidence, even in seemingly obvious situations.

As a bonus, this will show judges and opposing counsel that you are prepared and have a depth of legal knowledge. Judges will begin to trust your knowledge moving forward on future issues. Opposing counsel will also be less likely to make frivolous objections when they know you will easily overcome them, which will make your trial progress smoother.

Save your research, experiences

Now that you have found and read the case law on point, SAVE IT! This will be incredibly invaluable in the many years to come in your career.

Unfortunately, I made the mistake of not saving research at the beginning of my career. I would research something for a specific case, use it, and move on to the next project. Taking the time to stop and catalog the case law did not occur to me as I was running from case to case and learning so many new things at one time.

Inevitably, there came a time in the future when a similar topic came up. I have often frustrated myself with, “I know I read a case once that said X…..but now I can’t find it.” Over time, you will come across such a large volume of case law and scenarios that it will be virtually impossible to find it all if you do not save it.

Saving it will also allow you to be helpful to your co-workers and a good team player. When a co-worker asks you if you have run into a certain legal scenario, you can quickly pull up your research and send them the cases.

Save your research in the manner that works the best for you. Personally, I have a Word document separated by different topics alphabetically. For example, I have a section for “search and seizures” and a subsection for “automobiles.”

I then save the case name, citation, and a quick synopsis of the case. This allows me to read through what cases I have on a topic. You can also use control + F to search for a word in your research to see quickly whether you have anything on point.

In addition to saving your research, start keeping a log of all your trials, notable work projects, and experiences. Someone recommended that I do this when I started, and I thought (incorrectly), “I’m not going to forget this.”

Consequently, I did not start doing this right away. I now wish I had more information from the first year of my legal career. I have since started keeping a log—especially of jury trial experiences, which I have referred to several times for annual reviews with my bosses and when being considered for promotions.

Have professional curiosity

Finally, nothing will advance your talents and breadth of knowledge like having professional curiosity.

As a new lawyer, you will be like a sponge soaking up knowledge. You will obviously learn about anything applicable to your current cases and assignments, but what I am referring to is expanding from things you need to know in the moment to less pressing questions and things that may be useful later.

For example, you may have a case that brings to mind a legal question for which you do not know the answer. The case may resolve quickly, and you could easily move on to the next of many cases without having had to learn or research that topic.

Or a co-worker may come to you and ask you a question, to which you do not know the answer. After saying you do not know, you could move right on with your day.

I am suggesting that you research the topic and find the answer anyway. It will help you in the future, make you a good team player, and make you one of the leading authorities in your office on legal topics.

It also does not have to stop with legal questions. Knowing how the office runs and how to do the duties of others, such as paralegals and secretaries, makes you handy in a pinch—whether it is to do something on your own case or to help out a co-worker or boss.

Just like on a sports team, there are players that are relied upon to pull through for the team during critical plays. You can be one of those people by having professional curiosity and not stopping at, “I don’t know.” Find the answer to broaden your intelligence (and save it).•

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Kristen Kocsis, is a deputy prosecuting attorney in St. Joseph County. Opinions expressed are those of the author.