Rinehart: Are you a litigator if you’ve never really gone to trial?

Young lawyers these days, or all lawyers for that matter, are practicing in a world where less than two percent of cases go to trial. So how do litigators call themselves litigators when they have never tried a case? (Asking for a friend.)

I heard a long time ago from a more experienced attorney that “you’re not a real lawyer until you’ve represented a client in court.” I hope that includes attending status conferences, settlement conferences, and arguing motions because, as we all know, trials rarely happen anymore.

As an attorney in my seventh year of practice, I have taken numerous depositions, argued several motions, led handfuls of settlement conferences, and even prepared for a few trials.

Ultimately, those cases resolved, but the point is that young attorneys should not get discouraged by their lack of actual trial experience, nor should they be any less confident in calling themselves litigators because we are using trial skills in daily practice.

Even though trials are so rare, trial skills are still necessary for a litigator. Young lawyers in litigation should take every opportunity available to acquire trial skills. Trial advocacy courses and workshops are everywhere. These programs provide practical guidance on courtroom procedures, evidence, and persuasive techniques that are useful inside and outside the courtroom.

When I was a second-year attorney working in state government, I had the opportunity to participate in a trial skills bootcamp, and it is still one of the best training courses I have experienced to this day. Firms should encourage their associates to attend these types of training courses given how few opportunities there are to participate in a trial.

I have also coached a high school mock trial team for the past few years. While this experience is first and foremost for the students participating, it serves as a nice refresher for me each year on trial procedure, trial rules, rules of evidence, and more.

Having to teach students how to develop questioning and critical thinking skills related to a particular fact pattern allows me to practice these skills as well. Getting involved with a high school mock trial team or a moot court team with a law school is a great way to apply and further develop your trial skills.

Another way to get trial experience as a younger litigator is to sign up for a pro bono case.

The U.S. District Court for the Southern District of Indiana posts its available pro bono cases on its website and is always in need of attorneys to assist with representation of incarcerated individuals. You can sign up to be on the voluntary panel to represent litigants who are unable to afford representation.

Most firms provide billable hour credit to associates for pro bono matters, and this is an excellent way to gain trial experience if you have the time.

Lastly, the best and most accessible way to develop your trial skills is from a mentor.

I am lucky enough to practice among some of the best litigators in the country, as many of us are. Young lawyers are surrounded by excellent litigators every day. They just need to take the time to listen, learn through osmosis, and ask to work with those attorneys.

In my seven years of practice, I have learned the most by watching: watching a litigator take a brilliant deposition, watching a colleague argue a motion in court, watching a mentor lead a discovery dispute conference call, and more. Over the years, my style has evolved as I incorporate bits and pieces from observing these various skilled litigators.

As I said, it is unfortunate that trials do not come around often, but that does not mean litigators should slack off on perfecting their trial skills; and there are countless opportunities out there to do just that.

Ultimately, if we seize these opportunities, by the time a trial does come our way, we will be ready.•

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Angela M. Rinehart is an associate in the Indianapolis office of Ice Miller and is a member of the board of directors of DTCI. Opinions expressed are those of the author.