Quarantined? Prep Like Jury Selection Is Next Week
Forced sequestration feels like trial prep mode. So own it. Be the first trial lawyer in history to be ready-to-go way ahead of time.
April 03, 2020 at 04:47 PM
3 minute read
This is a horrific time. We are laser-focused on flattening the COVID-19 contagion curve through social distancing, self-quarantine, and washing our hands. Doctors, nurses, hospital workers and first responders are putting their lives on the line—even more than usual. Grocers, pharmacists and those who deliver food and supplies are our new heroes. Reporters brave the conditions to keep us updated with critical information. The rest of us? We are providing whatever comfort and stimulation we can to our children, parents and neighbors. Many of us are praying more than usual. And with whatever energy remains, the fortunate and equipped among us are working from home.
If you are a trial lawyer, what to do with the courts closed, the trials adjourned? If you are otherwise managing the concerns of the moment, how to make the best of this situation? I say lean right into it.
Under the best of circumstances, trial lawyers need to block out the world. We seek isolation. There is no other way to master the facts, internalize every detail, and become one with your cause. Forced seclusion has always been part of our team's trial preparation. We looked forward to it. We created it. We routinely moved to a hotel near the courthouse and prepared for trial away from family, friends, pets, and pressures. Without the time drain of commuting and the assorted distractions of office life. We set up virtual offices and networks in our respective hotel rooms, and commandeered a suite as our "war room." We brainstormed for hours as a group—another vital component of trial prep—and made sure we were aligned on arguments, themes and theories. Then we retreated to our individual rooms and self-imposed lockdown. That's where outlines were drafted, angles of attack were sharpened, rhetorical flourishes were inserted and graphics were designed.
The current environment inspires the same approach. Forced sequestration feels like trial prep mode. So own it. Prep like jury selection is next week. Let videoconferencing and screen sharing be your team's virtual war room. Share ideas with your team and run your themes by non-lawyers—they are your mock jurors and they bring perspective to your case. Then log off, embrace the silence, absorb the facts and the documents and the witness statements until they are etched in your DNA. It is a universal truth that no trial prep is ever "on schedule," so use this time and be the first trial lawyer in history to be ready-to-go way ahead of time.
The conditions are awful. The conditions are ideal.
Marc L. Mukasey is a founding partner of Mukasey Frenchman & Sklaroff LLP.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLetter to the Editor: Law Journal Used Misleading Photo for Article on Election Observers
1 minute readNYC's Administrative Court's to Publish Some Rulings in the New York Law Journal Is Welcomed. But It Should Go Further
4 minute readAllowing Elections Boards to Count Absentee Ballots Early Benefits Voters
2 minute readTrending Stories
- 1High-flying Genetics Testing Firm GeneDx Hires Ex-Zoetis GC as Legal Chief
- 2Manhattan Prosecutors Say They Will Oppose Efforts by Trump Legal Team to Dismiss Case
- 3Deposing Former Mayor Bill de Blasio; Misrepresentations To Induce Investment: This Week in Scott Mollen’s Realty Law Digest
- 4Which Outside Law Firms Are Irreplaceable, and Which Should Have Gotten the Ax Years Ago?
- 5Two Tesla Shareholder Cases in Del. Chancery Court Consolidated
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250