A Veteran Litigator Reflects on a Changing Legal Landscape
A career spent in the courtroom has provided a unique perspective on the evolution of trial law, according to one seasoned attorney. Recalling highlights from his practice,he pointed to the Regeneron case as a notably compelling professional experience. “It was a genuine courtroom battle, complete with complex legal issues, a skilled judge, a dedicated jury, and top-tier law firms going head-to-head.You don’t get much better than that professionally.”
The 2008 financial crisis also presented a defining challenge. He led the litigation efforts for Lehman Brothers following its bankruptcy filing, navigating a complex web of investigations from the US Attorney’s Office (including criminal inquiries), the SEC, state attorneys general, bankruptcy examiner investigations, and numerous class action lawsuits. “That case was instrumental in accelerating my career trajectory,” he noted.
Another important victory came in 2015, defending Morgan Stanley against claims brought by russian oligarch Oleg Deripaska in an insider trading case. He emphasized the firm’s unwavering belief in its innocence and their trust in his representation, alongside a strong legal team. “Morgan Stanley had the courage of its convictions. They did nothing wrong, and we ultimately prevailed at trial.It was a very proud moment for me.”
However, the attorney expressed concern about the future of trial law itself, characterizing it as a “dying art.” He explained that the decline in the number of trials considerably limits opportunities for lawyers to hone their skills. During his time with the US Attorney’s Office in the 1990s, judges in the Eastern and Southern Districts of New York were consistently presiding over trials.Now, he estimates most judges handle only around four trials per year.
He attributed this shift to several factors. On the criminal side, he cited the significant discretion held by prosecutors, which can create an surroundings where going to trial is perceived as excessively risky. On the civil side, the potential financial consequences of a large judgment, coupled with the unpredictable nature of juries, frequently enough make settlement a more appealing, risk-averse strategy. Furthermore, the costs associated with trial planning – including mock trials, jury consultants, and expert witnesses – have risen dramatically. This has led to a decline in training opportunities for young lawyers; he contrasted his own experience of handling 20 trials during his time as a prosecutor with the current experience of new attorneys, who typically handle only four or five.
For current law students, his advice was pragmatic. ”This profession has always been demanding, with limited opportunities for advancement. But those challenges are amplified now.” He stressed the importance of finding genuine professional fulfillment. “It’s not about simply ‘following your passion,’ but about realistically assessing what a legal career means to you – whether it’s a large firm, a public interest association, or public defense - and determining if it truly resonates with you. Success requires dedication and sacrifice.”
Despite a long and triumphant career, he remains optimistic about the future. “No matter how successful you are, there will always be regrets and missed opportunities. But I feel energetic and young, and I’m convinced my best days are still ahead. I’m not finished yet; I have many ideas for what comes next.”
