Stephen Susman, a Father Figure in His Firm and Dean of the Litigation Bar, Revolutionized Trial Work
Stephen Susman, the founder of Houston trial firm Susman Godfrey, died on Tuesday from complications from a bicycle accident in April.
July 15, 2020 at 07:59 PM
8 minute read
Stephen Susman, the founder of trial firm Susman Godfrey who died Tuesday in Houston of complications from a bicycle accident in April, was not only a skilled trial lawyer but a legal innovator who was among the first to use contingency fees on commercial litigation.
While he racked up a long list of big courthouse victories over the years, Susman's son, Harry, said his father was probably most proud of the success of Susman Godfrey and the fact that it would carry on without him.
"When he was not the biggest generator of fees, that was a proud day," said Harry Susman, a partner in the firm in Houston.
Susman, 79, died Tuesday while recovering from an April 22 bicycle accident in Houston. Initially, he was unconscious, but he regained consciousness by mid-May and was recovering in a Houston rehabilitation hospital when he was then was diagnosed with COVID-19 and underlying pneumonia in June. His wife, Ellen, announced his death on the CaringBridge website Tuesday evening.
"Our gallant Steve left us today. He fought a valiant battle, from his accident to rehab, but the combination of COVID and his weakened lungs were finally too much for his body. We are brokenhearted, but at peace with the fact that he is free and whole at last. He went peacefully, and we were by his side," Ellen Susman wrote in a posting on behalf of his family.
Susman Godfrey was Susman's vision, the firm wrote in a statement Wednesday morning.
"He loved the law firm, and loved us, and it was mutual," the firm said in the statement, noting that Susman was passionate about the law and justice and worked to improve the civil justice system in the United States.
"Steve changed the nature of law practice forever. Long before the profession gave serious thought to basing a complex commercial litigation practice on contingent fees and other arrangements that rewarded success rather than the number of hours billed, Steve championed this and built a firm around his idea. Hundreds of other firms have followed that model, but Steve pioneered it and proved, spectacularly, that it could work," the firm wrote.
The firm also said that Susman changed the way suits were litigated by urging lawyers to avoid excess discovery and pretrial disputes, and instead focus on the trial. He also set an example, the firm wrote, by treating adversaries with "honesty, professionalism and respect."
Susman was not only a leader of the firm, but a mentor and friend, the firm wrote.
"Steve played a fatherly role at the firm, even if he was a father whose words of wisdom were liberally sprinkled with F-bombs, dares and raucous laughter," the statement said.
Harry Susman said that when he joined the firm as an associate, he wasn't sure he should refer to his father as Dad, but he quickly learned that many of the lawyers at the firm already called Steve Susman Dad or Big Daddy.
"There were 300 sons and daughters who worked at his law firm," Harry Susman said.
Susman started his career at Fulbright & Jaworski in Houston, and after teaching at the University of Texas School of Law, he started a commercial litigation practice at Houston maritime firm Mandell & Wright.
He made a mark in 1979, when he won a $550 million verdict in the Corrugated Containers antitrust suit, which at the time was the largest antitrust verdict ever. Susman founded the commercial litigation firm Susman Godfrey in 1980.
As it grew to more than 150 lawyeers, the firm maintained a focus on contingency fees and other forms of alternative billing. In 2019, profits per equity partner at Susman Godfrey came in at $2,746,000, according to Texas Lawyer's Annual Report on Firm Finance, and revenue per lawyer hit $1,709,000.
Steven Brill, the founder of The American Lawyer, said Susman was a trailblazer because at that time in the early 1980s big firms weren't thinking about taking commercial cases on a contingency fee, but Susman boldly launched a firm on that model.
Brill, now a co-CEO of NewsGuard, said he got to know Susman better after he sold The American Lawyer and Court TV.
"He was a terrific guy. He had really good values. Unlike a lot of people, especially trial lawyers who were superstars, he found out a way to build a law firm, not just build Steve Susman," Brill said.
Houston partner Neal Manne said he shared managing partner responsibilities with Susman, who split his time between Houston and New York, and Susman remained active in the firm. Manne said the firm will carry on.
"It's an emotional loss of course, because we loved and enjoyed him, but in terms of the firm as a business enterprise, it's not going to change anything at all," Manne said.
Harry Susman said it was an honor to watch his father run the firm, and he enjoyed trying litigation with him. Also, Harry Susman said, his father was incredibly generous with his praise, which inspired people to work with him.
in 2015, Susman got involved with the New York University Law School's Civil Jury Project, which focuses on the declining number of civil jury trials and how to turn that around.
Samuel Issacharoff, a professor at NYU Law who is the academic adviser for the Civil Jury Project, said Susman was the "heart and soul" of the project because he felt so strongly that jury trials are essential.
"He put up the seed money, of course, which is critical, but I've never seen anybody who would create such a whirlwind effect. He just organized conferences, academic conferences [and] jury appreciation lunches," Issacharoff said.
A number of Susman Godfrey lawyers posted tributes on Twitter about Susman.
Jacob Buchdahl, a partner in New York, wrote this: "The legal profession is less creative, less colorful, less generous, and a lot less fun without Steve Susman. He was a true legend, a towering courtroom giant. I'm forever proud to have been his partner and to practice law under his name. I will miss him terribly."
New York associate Jillian Hewitt tweeted this: "In addition to being exceptionally funny and loving shrimp, Steve Susman built a law firm into a family—one I'm proud to be a member of. This sucks."
Justin Nelson, a partner in Houston, wrote on Twitter, "Steve Susman was a legendary lawyer but he was so much more. Compassionate, funny, generous, innovative. Passionate about justice and the Constitution. A wonderful law partner. And so proud of his family. We will miss him terribly."
Others also commented on Susman's impact on the law in Texas.
Jack Byrom, an associate at Porter Hedges in Houston, tweeted that his first case in practice was against Susman. "I remember seeing his name on the first email I got on the case and feeling like I had made it to the big leagues," he wrote on Twitter.
Kannon Shanmugam, managing partner of the Paul, Weiss, Rifkind, Wharton & Garrison office in Washington, D.C., tweeted that he once was Susman's partner in a moot court at a conference. "I argued; Steven Entertained. He was one of the giants of our profession, and the world is a poorer place without him."
Manne, who practiced with Susman for 32 years, said Wednesday that it's a very sad day for the firm. But in a kind of comfort, many lawyers and staff at Susman Godfrey have been contributing to a seemingly endless email string, where they are sharing memories about Susman and reflections on what he meant to them and their family.
"It's been real nice. It felt like more of a celebration [although] there is sadness for sure," Manne said.
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Trial Bar Titan Stephen Susman Passes Away After Cycling Accident, COVID-19 Battle
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