U.S. District Judge Jon Tigar of the Northern District of California. Photo: Jason Doiy/ALM

Winning isn't everything, and far from the only thing, for young lawyers who need stand-up experience in the courtroom.

So advised U.S. District Judge Jon Tigar of the Northern District of California during an online discussion among three jurists last week with active patent dockets.

Tigar said the year and a half he spent trying misdemeanor cases at the San Francisco Public Defender's Office had a big impact on his career. Upon returning to private practice, he sought out pro bono cases to keep his courtroom skills sharp. "You do a pro bono case, you help somebody who really needed the help, you feel good inside, you've given back," he said. "And now you've got a marketable skill. You can go to the partners in the firm and say, 'Hey, you know what? I know how to do this. I've done it successfully.'"

The original version of this report was published in the weekly IP briefing Skilled in the Art.

Some young lawyers get hung up on how winnable a pro bono case might be, but the losing cases can provide the best learning opportunities. Tigar recalled "a terrible criminal case. The guy had clearly done it" but couldn't plead guilty because it would revoke terms of federal probation. "So there was no way to resolve the case. It was definitely going to trial. And I was definitely going to lose. And I could not have been happier. Because I knew I was going to get a jury trial," Tigar said.

Today, Tigar is one of many federal judges whose standing orders encourage litigants to find important roles for junior lawyers in civil proceedings. He and U.S. District Judge Barbara Lynn of the Northern District of Texas and U.S. District Judge Alan Albright of the Western District of Texas emphasized that the young lawyers of today need meaningful opportunities in court to become the seasoned veterans of tomorrow.

Tigar said that when he's prepared to decide a motion on the papers, he'll sometimes let parties know that he'll put it back on the calendar if a junior lawyer who's never argued in federal court will get the shot. If one side says yes, often the other side will send a junior lawyer too. "So what we get is two young lawyers, one on each side, and so it just has worked out very well," he said.

Lynn, the chief judge of the Northern District of Texas, said that as a young associate she was always pleading with more senior attorneys to "put me in coach." As a judge her standing order "strongly encourages" litigants to be mindful of speaking opportunities for young lawyers, especially when they're involved in drafting a motion or opposition.

"I thought I needed to give a little help to young lawyers, who could then talk to more senior lawyers about opportunities, and they could blame it on that Judge Lynn who has this crazy scheduling order," she said. Putting it in the order can also help persuade clients who might be hesitant, she added.

Lynn and Tigar both credited U.S. District Judge William Alsup of the Northern District of California with putting the suggestion in a standing order. "I think it all goes back to Bill's great idea," Lynn said.

Lynn and Albright said claim construction hearings involving multiple claim terms are especially ripe opportunities for younger lawyers to get partial speaking roles. Lynn said the only problem is she occasionally kicks off the hearings by giving her own take on the simplest claim terms. "Everybody says, 'That's fine, judge,' and I see one dejected junior lawyer," she said. "I want to take it back, but it's just too late."

The June 11 webinar was co-sponsored by the Berkeley Center for Law and Technology, the Berkeley Judicial Institute, CLI, ChIPs Network and the Federal Circuit Bar Association. Winston & Strawn associates Yarden Kakon, Kate Marcom and DaWanna McCray moderated the discussion. Winston partner Kathi Vidal and Dropbox's Elena DiMuzio, who are both active with ChIPs' Next Gen effort, introduced the event.