The Young Lawyer Challenge Creating the Next Generation of Advocates, 1219 COBJ, Vol. 48, No. 11 Pg. 60

AuthorBY MATTHEW J. BRODERICK AND DANAE WOODY
PositionVol. 48, 11 [Page 60]

48 Colo.Law. 60

The Young Lawyer Challenge: Creating the Next Generation of Advocates

Vol. 48, No. 11 [Page 60]

Colorado Lawyer

December, 2019

BAR NEWS HIGHLIGHT

BY MATTHEW J. BRODERICK AND DANAE WOODY

BAR NEWS HIGHLIGHT

The Denver Bar Association Young Lawyers Division and the Colorado Bar Association Young Lawyers Division have joined forces this year to address a problem faced by young attorneys throughout our state: a lack of courtroom experience. It's not uncommon for a young attorney to practice law for three, five, or even seven years without ever taking a case to trial. Many young attorneys conduct research, draft briefs, and even outline arguments for motions hearings or appellate arguments. But they are not permitted to take the podium, enter the well, and argue a case. Of course, there are legitimate reasons why a young attorney might not be chosen for a trial. For example, some clients prefer veteran attorneys. But at some point, young attorneys will become the veterans.

To foster the next generation of advocates, the DBA YLD and CBA YLD are asking current veteran lawyers and law firms to get young attorneys into the courtroom. And, if you're a young lawyer or advocate with a successful courtroom story (win or lose), we want to hear about it!

The Problem

Opportunities for young attorneys to gain meaningful courtroom experience are rare. For the last two decades, commentators have been reporting statistics on the decline in jury trials and anticipating the extinction of the trial lawyer.[1] Causes vary, including the expanse and expense of pre-trial discovery, preference for alternative dispute resolution, case disposition through motions practice, and the extended post-trial appeal process.2 This trend affects both civil and criminal matters and is forecast to continue.[3]

Whether settlement and plea bargains provide better client outcomes than a trial verdict is a topic for another article. But the fact remains that some cases—even if just a fraction of all cases filed—go to trial. And when they do, clients need advocates who can take a podium, enter the well, and argue a case.

Both the CBA and DBA have members with impressive trial records. Some member biographies report 50 or 100 civil cases tried to verdict. Others display trial results involving serious felonies. However, these attorneys are closer to the end of their careers than the beginning...

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