May 2008 Nevada Lawyer

YOUNG LAWYERS COLUMN

STATE BAR INVOLVEMENT – WHY YOU SHOULD TRY IT

BY JASMINE K. MEHTA, YOUNG LAWYERS CHAIR

Recently, the Young Lawyers Section planned the State Bar Mid-Year Meeting, which was targeted toward bar section leaders and young lawyers. One of the discussions that arose at the meeting was how to deal with obstreperous, and perhaps unethical, opposing counsel. In fact, that impromptu discussion lasted nearly an hour. It is an issue that weighs heavily on new, less experienced attorneys.  

I don’t have the answer to that question. 

But the best way to learn how to deal with situations involving obstructionist opposing counsel is from someone who has experienced them firsthand.  When I was in law school, one of my recreational pastimes was rock climbing. I’m not a good climber. Heights scare me. This is precisely why I took up climbing. Over the years, my climbing partner took me on harder and harder climbs, with me gaping at an impossible wall of rock: “I can’t do that!” His response was always: “Yes you can. You have the tools.”

Practicing law, I have found, is similar. You face a situation that is completely foreign to you, and, initially, you only have your basic tools to guide you: largely gut instinct. But the second time you face that situation, you have added tools to help you: experience. For example, at my first deposition, opposing counsel objected to every single one of my questions in an effort to bully and distract me. I had no idea how to control his behavior. But finally, he rattled the saber one too many times. He threatened to call the discovery commissioner.

“That’s a great idea. I have the number right here.” I walked to the side table and picked up the phone.

That was enough. He had merely been trying to intimidate me, and I had called his bluff. The rest of the deposition went quite smoothly.

How does this relate to the title of this article? One way to gain the tools to deal with novel situations is to talk to other lawyers. They may have dealt with similar situations, and they can relate to you what worked (or what didn’t).

And one way to get to know other lawyers is through State Bar of Nevada involvement. I have been involved with the state bar almost since I came to Nevada. The Young Lawyers Section has offered me the opportunity to meet and work with a number of attorneys that I wouldn’t otherwise have gotten to know. My fellow council members are a referral network for business. And they have served as a sounding board regarding various situations that young lawyers often experience.

But the state bar offers far more than just the Young Lawyers Section. There are sections tailored to narrow areas of practice. There are committees dedicated to increasing diversity, publishing the Nevada Lawyer, putting on various CLEs and grading bar exams. (A complete list can be found on the state bar website, at www.nvbar.org.) Each offers an opportunity to get to know attorneys that you probably would not otherwise meet.  Those contacts can lead to business referrals, job opportunities, mentor relationships and, most importantly, new friendships. In the process, you may get to work on some cool projects, address emerging issues in the law, and have a good time.

Also, working with attorneys through state bar involvement can lead to more professional relationships with those same attorneys as opposing counsel. It is much harder for opposing counsel to deny your reasonable request for extension when they have to face you on a committee the next day.

Helping locate speakers for the State Bar Mid-Year Meeting is a prime example. It opened avenues to establish relationships with more experienced attorneys with whom I may not otherwise have had an opportunity to work. But for planning for the Mid-Year Meeting, my only contact with them might have been as opposing counsel.

Therefore, I would like to take this opportunity to thank our excellent participants (in alphabetical order):

• Constance Akridge, Board of Governors Member

• Nancy Allf, Board of Governors President

• Senator Richard Bryan, Lionel Sawyer & Collins

• Discovery Commissioner Bonnie Bulla

Dave Clark, Deputy Bar Counsel

• Cam Ferenbach, Board of Governors Member

• Von Heinz, Lewis and Roca LLP

• Brett Kandt, Advisory Council for Prosecuting Attorneys

• Ryan Reed, ABA A6ffiliate Assistance Team

• Gloria Sturman, former Board of Governors President

• Senator Valerie Wiener, President/CEO of Wiener Communications Group

We could not have accomplished a Mid-Year Meeting at all without State Bar Executive Director Kimberly Farmer and Governance Coordinator Gale Skala. Both of them worked tirelessly to ensure a successful meeting. I would also like to thank Board of Governors President-Elect Bruce Beesley, who was instrumental in the planning process. Thank you to everyone who so graciously gave their time, on a beautiful Saturday in Las Vegas, to help young lawyers develop leadership skills!

As always, if you have any questions or comments, please feel free to contact me at jmehta@lrlaw.com.