LawBank Presents: “Facing the Giants,” a Trial Lawyer Roundtable

On March 24, 2021, LawBank hosted a trial lawyer roundtable on facing BigLaw in the courtroom, titled “Facing the Giants.” LawBank co-founder Jay Kamlet moderated the discussion. Panelists included Susan Klopman, Steven Murray, and David Seserman. Susan co-founded litigation and employment law boutique H&K Law in 2014 after more than a decade of practicing law at a large Denver-based firm. Steven has over 25 years of experience as an employment lawyer, civil rights attorney, and trial lawyer representing clients in jury trials and litigation before federal and state courts and federal, state, and local government agencies. As the founding member of Seserman Law, David has more than three decades of experience and is one of Colorado’s foremost civil trial attorneys.

This lunchtime program discussed the many different experiences when facing BigLaw in the courtroom. Panelists addressed the challenges that could arise, such as the massive resources BigLaw firms have available to them and how to prepare for those challenges.

Jay began the discussion by asking panelists to describe a case that seemed like a “David versus Goliath” scenario against BigLaw. Susan shared that she has had many experiences that seem like a David versus Goliath scenario and that it is exhilarating for her when litigating against BigLaw. Her best practice is to keep her head down, not use the press, and get the job done. David agreed that there is not anything intimidating about going up against a large law firm. It simply requires organization and thinking things through. Steven advised focusing on the case in a very narrow and precise way. His objective is to always present the case in the most targeted, efficient manner.

Jay’s second question was about attracting a client-facing BigLaw, and how to convince the client that, as a small firm practitioner, you can take on the big firms. Susan suggested being upfront with the client and sharing the resources you have, such as contract attorneys, paralegals, and third-party discovery. Each panelist agreed that it is often beneficial to be a small or solo practitioner because you will know the case and documents inside and out. Steven stressed that there must be enormous client trust. He believes that a focused, cooperative relationship is essential. David primarily acquires clients through personal referrals and believes that one of the most significant advantages of being in the LawBank community is the professional affiliation and networking with other lawyers.

Jay then asked the panelists about tips they would give to clients who find themselves up against BigLaw and discuss ways to build trust with those clients. All three panelists agreed that communication is critical to client relationships. Steven recommended being honest by telling them what experience you have and what you have learned from past cases. Susan suggested determining how much strategic involvement/information your clients want and provide that level of service accordingly. David further emphasized the importance of client communication and believes that is what sets small and solo practitioners apart from BigLaw because solos speak directly to the client instead of going through secretaries, paralegals, and a team of lawyers.

Jay asked panelists for final advice for anyone preparing to take on a prominent opponent. David suggested that it is essential for small and solo firms to be conscious of their limitations, including time and expertise. David pointed out that the network at LawBank can be a tremendous resource to bring in additional expertise. It is important to leverage your network at LawBank to reach outside of yourself and bring in the appropriate level of knowledge. Susan’s final suggestion was to work key elements early in your case and, as David cautioned, be prepared for the close-to-trial onslaught of motions. Steven’s last piece of advice was to identify which attorneys for the opposing party with whom you can work cooperatively in final trial preparation.

If you would like to view the full presentation, click here. Visit the events page to view upcoming programs hosted by LawBank.

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LawBank serves independent lawyers and small law firms with shared office space at central locations in Denver and Las Vegas. With regularly scheduled social, networking, and educational events, LawBank supports professional growth and the relationship development lawyers need for their businesses to thrive. Members can choose from a variety of co-working or office space arrangements that meet their firms’ needs. If you are looking for a move-in-ready solution for your independent law firm, contact LawBank to schedule a virtual tour.