Reflections on Trial: Lawyer Leadership
| Publication year | 2023 |
| Pages | 08 |
BY SCOTT S. BARKER
"The greatness of the leader is measured by the achievements of the led."
—General of the Army Omar Bradley
I've been thinking a lot about leadership lately. Those thoughts have been sparked by reading Colonel Kim Campbell's riveting and provocative book Flying in the Face of Fear: A Fighter Pilot's Lessons on Leading With Courage.[1] Now retired, Colonel Campbell had a distinguished 24-year career as a combat pilot and military leader. She is a 1997 Air Force Academy graduate who maxed out as the wing commander, the top military spot, in her senior year. She went on to realize her dream to be a fighter pilot. Her call sign, "Killer Chick," was well-earned. She had more than 100 combat missions in the A-10 Warthog during multiple deployments to Iraq and Afghanistan. Colonel Campbell is famous in fighter pilot circles for flying her severely damaged close air support Warthog from the combat zone over Baghdad back to base, pulling off a rare and dangerous feat—a landing without any hydraulics. She went on to major command responsibilities and completed her career at her alma mater as director of the Center for Character and Leadership Development. Each chapter of Colonel Campbell's book concludes with a meaty section called "Considerations for Leaders." Her book is a fabulous read for anyone seeking a deep reflection on leadership.
Obviously, flying a fighter jet in combat is a world apart from the courtroom. Even so, I've been asking myself if some of Colonel Campbell's leadership "considerations" might apply, maybe in modified form, to what we do as trial lawyers. At first glance, it would appear to be a stretch. Lawyers, unlike military types, don't pay much attention to leadership. There is precious little leadership training in our profession. As trial lawyers, we have CLEs on how to conduct an effective voir dire, make a compelling opening or closing, or structure direct and cross-examinations. And we always make sure to check the box on the required amount of ethics training. But when was the last time you saw a CLE on "leadership as a trial lawyer?"
In fact, we don't really think that our craft involves leadership. We see ourselves as courtroom "warriors." It's our job to win on the (safe) "battlefield" we call the courtroom. We think that our ability to win is a function of our skills, hard work, experience, and, yes, courage. What does leadership have to do with it? I think the answer is: a lot. I suggest it behooves us and our clients to think intentionally about the role of leadership in preparing cases for trial and succeeding in the courtroom. Leadership, be it in a military or civilian context, is about the same thing: organizing and motivating people to work as a team to achieve a common goal.
My first real exposure to leadership was in the summer of 1966, when I joined the ranks of the US Air Force Academy Class of 1970. Ironically, the first thing I learned was how to follow. It was only after mastering that skill that I began to learn to lead. After graduation, I served for eight years in the Air Force. I resigned my commission in 1978 to attend law school and prepare myself for a career as a trial lawyer. Three years later I began trying cases, which is all I ever wanted to do as a lawyer. I've been in courtrooms all over Colorado and the Rocky Mountain West, as well as on both coasts and a few states in the South and Midwest. I've also had the privilege of serving for six years as the chair of the Management Committee of Holland & Hart, the largest Denver-based law firm, with offices in several states. After 29 years at Holland & Hart, I moved to Wheeler Trigg O'Donnell, a nationally renowned "trial boutique," and concluded my active career as a trial lawyer in 2022. Along the way, I was blessed with fabulous mentors, the most prominent of whom was Bill McClearn, one of the gurus of the Colorado trial bar in his generation. As a junior trial lawyer in the making, I saw firsthand his special leadership skills and witnessed the character and grace he brought to everything he did. I've strived to emulate him.
What follows are my ruminations about leadership in the day-to-day grind of the life of a trial lawyer. Experienced trial lawyers will recognize and hopefully agree with the principles I've listed. I'm sure they could add some of their own. Any list is bound to leave something out. What I've included here are my top five "leadership considerations" for trial lawyers. These "considerations" are not directed at the leadership of law firms. Instead, they're aimed at leadership in the relatively small and ever-changing teams of professionals who work up cases for trial, and try them if the cases don't settle. When I use the term "leader" I'm referring to the person commonly called the "first chair," typically a partner, although that isn't always the case. At the same time, every aspiring first chair trial lawyer should be keen to learn how to lead, so that when they sit in that first chair, they'll be ready to lead effectively.
1. Cultivate a Culture of Professionalism
As trial lawyers, we are members of a profession. We are not businessmen and women. Certainly, there's nothing wrong with wanting to be paid well for what we do. However, law firms are not just business organizations designed to maximize profits for the partners. In the hurly-burly of our practice, it's easy to lose sight of the fundamental nature of our profession, which calls us to service beyond ourselves. In this regard, our oath is similar...
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