TRANSCRIPT 🔗
WEBVTT
00:00:10.544 --> 00:00:14.304
Intro: Welcome to Disputes in Perspective, a Reed Smith podcast. This podcast series
00:00:14.304 --> 00:00:18.124
will discuss disputes-related trends, hot topics, and developments occurring
00:00:18.124 --> 00:00:22.744
in the global legal landscape, and hopefully provide you with some helpful insights and practical tips.
00:00:23.104 --> 00:00:26.744
If you have any questions about any of the episodes, please feel free to contact
00:00:26.744 --> 00:00:29.584
our speakers. Adam: Welcome back to the Reed Smith podcast.
00:00:30.044 --> 00:00:34.884
I'm Adam Massaro, a partner in the Denver office, and I'm also joined by Joyce
00:00:34.884 --> 00:00:37.564
Williams. Joyce, how are you doing? Joyce: I’m good.
00:00:38.384 --> 00:00:42.324
Adam: So we've been at the firm a little over six months, and you obviously are a
00:00:42.324 --> 00:00:44.744
founding partner. How is it going so far?
00:00:45.984 --> 00:00:50.184
Joyce: It's been great. It's been a very smooth transition, a great group of people
00:00:50.184 --> 00:00:52.084
to kind of get started with.
00:00:53.044 --> 00:00:56.544
Reed Smith has made it very easy to come over. It's been a lot of fun.
00:00:57.724 --> 00:01:01.424
Adam: What type of work do you do? Joyce: I’m a commercial litigation.
00:01:02.324 --> 00:01:06.644
Adam: So commercial litigation, no one knows what that means. What does it mean to
00:01:06.644 --> 00:01:07.864
you and how do you define it?
00:01:08.824 --> 00:01:13.664
Joyce: Sure. I represent individuals, businesses, and all sorts of litigation matters.
00:01:14.024 --> 00:01:17.144
So to be on the plaintiff's side, the defense side, whichever it is,
00:01:17.264 --> 00:01:20.744
typically ends up being some sort of breach of contract or fiduciary duty,
00:01:20.924 --> 00:01:23.844
something in the business realm is what we typically handle,
00:01:23.884 --> 00:01:25.164
but it can go beyond that.
00:01:26.264 --> 00:01:31.124
Adam: As far as subject matter, do you have any preference for being on the plaintiff's side,
00:01:31.124 --> 00:01:36.324
defense side anything like that? Joyce: I love being on the plaintiff's side, um don't
00:01:36.324 --> 00:01:41.504
always get to do that, but it's way more fun I think. Adam: And as far as subject matter
00:01:41.504 --> 00:01:43.744
what are some of the areas you like litigating in the most?
00:01:45.779 --> 00:01:49.079
Joyce: I would say, I mean, the comfort zone for me is probably more in like the real
00:01:49.079 --> 00:01:51.099
estate construction, that sort of area.
00:01:51.299 --> 00:01:54.339
But I do really enjoy doing kind of smaller business disputes and,
00:01:54.339 --> 00:01:58.279
you know, members of a smaller business and those types of breach fiduciary
00:01:58.279 --> 00:02:01.699
duty and similar disputes like that I find very enjoyable.
00:02:03.059 --> 00:02:06.579
Adam: Let's go back a second, though, because I think this will be interesting.
00:02:07.379 --> 00:02:12.799
On a personal level, what were some of your sports you did and maybe how they
00:02:12.799 --> 00:02:14.919
may impact what you do now?
00:02:15.939 --> 00:02:19.099
Joyce: Sure. So pretty much my whole life, I've been riding horses,
00:02:19.799 --> 00:02:24.319
really in the hunter-jumper kind of jumping space.
00:02:24.639 --> 00:02:26.619
So doing that for a really long time.
00:02:27.159 --> 00:02:31.439
It's high adrenaline, high rush, very technical in a lot of ways,
00:02:31.439 --> 00:02:35.899
too, which I think really translates well into what we do in litigation.
00:02:37.299 --> 00:02:41.019
Adam: With respect to height, what's the highest you've ever jumped?
00:02:42.199 --> 00:02:46.439
Joyce: I mean, right now I'm competing at meter 10, which is like three foot nine,
00:02:46.639 --> 00:02:50.559
but I probably jumped up to meter 25 to I think about four feet.
00:02:51.739 --> 00:02:57.419
Adam: When it comes to the pressure there, where does the pressure build and where
00:02:57.419 --> 00:03:00.039
does it release when you're talking about competitive jumping?
00:03:01.434 --> 00:03:05.054
Joyce: I mean, for me, I'm always the most nervous when I enter the ring and we get going.
00:03:05.274 --> 00:03:06.614
But then once, I mean, once you
00:03:06.614 --> 00:03:10.194
build a relationship with my horse in this case, then I just trust him.
00:03:10.734 --> 00:03:14.274
So I think it, that sort of release happens when we start going.
00:03:14.474 --> 00:03:17.134
And I know that, you know, we're in the rhythm and we're doing it.
00:03:17.234 --> 00:03:20.254
But, you know, coming up to a big jump can be pretty scary, especially if you
00:03:20.254 --> 00:03:22.674
don't have the right distance or it's not quite perfect.
00:03:22.674 --> 00:03:25.414
Um you know probably fallen off i don't know
00:03:25.414 --> 00:03:28.534
70 something times in my life uh not that
00:03:28.534 --> 00:03:31.314
recently but um you know it's there's a
00:03:31.314 --> 00:03:34.394
lot of learning to do in riding horses and if you don't fall, I
00:03:34.394 --> 00:03:37.314
don't think you learn. So which again translates to
00:03:37.314 --> 00:03:44.294
all sorts of areas of your life. Adam: Now with respect to jumping itself what's what
00:03:44.294 --> 00:03:48.314
is from the the rider's perspective, you know, it's a team sport in the sense
00:03:48.314 --> 00:03:51.414
you got you and your the horse and both you have to do something to make this
00:03:51.414 --> 00:03:57.174
work, so what's the critical thing you have to do to contribute to the success of it?
00:03:58.230 --> 00:04:01.250
Joyce: I mean, there's so much training that goes involved into it to,
00:04:01.310 --> 00:04:04.590
like, really build between us a trust relationship.
00:04:05.010 --> 00:04:08.730
But I think, like, you know, at this point in my relationship with my horse,
00:04:09.150 --> 00:04:13.290
you know, what goes into it for me is just
Load full transcript
getting him in the right place.
00:04:13.490 --> 00:04:17.290
You know, building your canter, getting to the right consistent rhythm so that
00:04:17.290 --> 00:04:19.750
the jumps just sort of show up naturally and becomes easy.
00:04:19.930 --> 00:04:24.950
And then also a lot of it is just staying out of his way and not overcorrecting
00:04:24.950 --> 00:04:27.050
him and, you know, being too nitpicky.
00:04:28.230 --> 00:04:31.350
Adam: How long have you had your current horse? Joyce: Almost five years.
00:04:31.550 --> 00:04:35.690
It was a, you know, people got pandemic puppies. I got a pandemic pony, is what I like to say.
00:04:36.770 --> 00:04:41.670
Adam: What's that horse? Joyce: He's off the track thoroughbred. So he raced until he
00:04:41.670 --> 00:04:43.430
was three. He was not very successful.
00:04:44.170 --> 00:04:46.690
Came off the track as a three-year-old, and I've had him ever since.
00:04:46.850 --> 00:04:52.030
I mean, his dad did win the Kentucky Derby and the Preakness and second in the Belmont.
00:04:52.090 --> 00:04:56.430
So he had the right breeding for it, but it just did not translate for him. Adam: What's his name?
00:04:57.170 --> 00:05:00.190
Joyce: Dude, and then his show name now is Dude Diligence.
00:05:01.170 --> 00:05:05.630
Adam: All right. And I take it people connect the dots fairly quickly between that
00:05:05.630 --> 00:05:07.410
and your professional ties.
00:05:07.870 --> 00:05:11.350
Joyce: They do. It's funny, I've been at shows where people are like, are you a lawyer?
00:05:11.890 --> 00:05:15.870
It's usually other lawyers that realize it and they definitely appreciate the pun.
00:05:17.030 --> 00:05:23.070
Adam: And then, you know, flipping to how you prepare for trials, what are some of
00:05:23.070 --> 00:05:26.090
the things you've learned or sort of the practices you do, obviously,
00:05:26.150 --> 00:05:30.890
on the equestrian side that you translate when you're preparing for trials and actually doing trials.
00:05:32.213 --> 00:05:35.333
Joyce: Sure. I mean, it's kind of a lot similar to a lot of, you know,
00:05:35.613 --> 00:05:39.673
training or, you know, back work that goes into it that people don't necessarily see or appreciate.
00:05:39.853 --> 00:05:41.713
You know, when you're on a horse show, people are just like,
00:05:41.773 --> 00:05:44.173
oh, it looks like it's going great for them, but they don't realize like how
00:05:44.173 --> 00:05:47.493
much work has gone into it to get to that point.
00:05:47.693 --> 00:05:49.613
And I think the same goes for trials.
00:05:49.853 --> 00:05:52.653
You know, all of the different things that we do to really understand the whole
00:05:52.653 --> 00:05:56.993
case, not just on our side, but I mean, the best litigators are going to know
00:05:56.993 --> 00:06:00.073
the case on the other side as well. So you know what to expect,
00:06:00.233 --> 00:06:02.493
what to counter, and what to argue against.
00:06:02.733 --> 00:06:07.533
So
it's really the whole training and the process and building and seeing the
00:06:07.533 --> 00:06:11.713
case from all angles and the horse ring, seeing everything from all angles and
00:06:11.713 --> 00:06:14.273
what could happen and anticipating that and being ready for it.
00:06:14.633 --> 00:06:17.533
And then if anything comes up, you're not concerned.
00:06:18.293 --> 00:06:21.553
You know, been at horse shows before, like weather can change and you got to
00:06:21.553 --> 00:06:24.993
be ready for something to happen or, you know, your horse isn't feeling quite
00:06:24.993 --> 00:06:26.433
right. What are you going to do about it?
00:06:26.913 --> 00:06:30.233
Same thing goes for trial. You need to be ready for anything because you never
00:06:30.233 --> 00:06:35.793
really know what exactly is going to come up and just be ready to react and
00:06:35.793 --> 00:06:39.393
react in a way that's not, you know, a freak out, but it's a calm reaction.
00:06:39.733 --> 00:06:42.053
And it seems like you anticipated it all along.
00:06:43.213 --> 00:06:44.813
Adam: Do you get nervous when you go to trial?
00:06:46.392 --> 00:06:49.952
Joyce: I mean, yeah, I think everyone should be a little bit nervous because that means you care.
00:06:50.492 --> 00:06:54.372
I mean, I think now that I've probably been to, I mean, four trials within the
00:06:54.372 --> 00:06:58.372
last year, you know, it's not as nerve wracking as it used to be.
00:06:58.492 --> 00:07:02.612
But I think that, you know, every good litigator probably does get a little
00:07:02.612 --> 00:07:05.132
bit nervous because that means you care and you're, you know,
00:07:05.312 --> 00:07:06.192
putting your all into it.
00:07:07.932 --> 00:07:14.212
Adam: When it comes to parachuting into a case that you've not necessarily started
00:07:14.212 --> 00:07:15.812
the case, but you got called into.
00:07:16.312 --> 00:07:20.852
What are some of the things you do early on to get your grasp on the case,
00:07:21.012 --> 00:07:23.412
knowing that you're not going to have perfect information?
00:07:23.632 --> 00:07:26.192
You didn't start the case, but you've now inherited it.
00:07:26.992 --> 00:07:31.892
What do you do in that context to learn in a way that's going to be beneficial
00:07:31.892 --> 00:07:34.872
and also put you in a position to take control of the case?
00:07:36.132 --> 00:07:39.632
Joyce: I mean, it's difficult to jump in, and it kind of always depends,
00:07:39.832 --> 00:07:41.572
too, on what part you're jumping in.
00:07:41.652 --> 00:07:44.612
I mean, Are you jumping in a month before trial when discovery is closed or
00:07:44.612 --> 00:07:47.092
are you jumping in, you know, kind of in the beginning of discovery?
00:07:47.912 --> 00:07:49.412
So it is kind of, you know.
00:07:50.803 --> 00:07:53.383
A whirlwind trying to get yourself up to speed. And obviously,
00:07:53.483 --> 00:07:56.443
you can't learn everything in such a short amount of time.
00:07:56.603 -->
00:08:00.923
So it's really trying to pinpoint what is the most important things to figure out.
00:08:01.243 --> 00:08:04.403
If there's been depositions of the main parties, that would be a good thing
00:08:04.403 --> 00:08:06.023
to start with reading and understanding
00:08:06.023 --> 00:08:09.783
what people are saying about the different aspects of the case.
00:08:10.003 --> 00:08:12.523
Also, just understanding what are the claims, what are the defenses,
00:08:12.963 --> 00:08:15.023
and how are we actually going to tackle this thing?
00:08:15.183 --> 00:08:18.163
What has been done to date? What still needs to be done.
00:08:18.603 --> 00:08:25.703
I mean, it's, I really enjoy doing that, but it's not always easy to get yourself
00:08:25.703 --> 00:08:29.523
up to speed, again, really depending on what part of the case that you're coming into.
00:08:30.123 --> 00:08:33.483
So I think just doing a deep dive, getting as much information as you can,
00:08:33.683 --> 00:08:37.603
and really importantly to talking to your client and just understanding the
00:08:37.603 --> 00:08:41.323
case from their perspective and what their goals are and, you know,
00:08:41.363 --> 00:08:42.363
what has happened so far.
00:08:43.303 --> 00:08:47.923
Adam: When you get to that next phase, you're heading towards trial and you've got
00:08:47.923 --> 00:08:50.283
to do witness prep for trial itself.
00:08:50.723 --> 00:08:55.143
How do you approach witness prep knowing that whether they're skilled or unskilled
00:08:55.143 --> 00:08:57.883
witnesses, it's going to be a challenging environment?
00:08:59.346 --> 00:09:03.266
Joyce: It's kind of getting to know the personality of your client to the best of your ability.
00:09:03.866 --> 00:09:07.206
If it's a parachuting in, you're not going to know them as well as maybe if
00:09:07.206 --> 00:09:09.526
you've worked with them for a year building up this case.
00:09:09.746 --> 00:09:16.306
But understanding their personality and what might be difficult for them at trial.
00:09:16.946 --> 00:09:21.426
You know, some witnesses, you know, they're just kind of nervous talkers and they just keep talking.
00:09:21.626 --> 00:09:25.266
So kind of working with them on, nope, just answer only the question that's asked.
00:09:25.486 --> 00:09:29.926
Some can be a little, you know, it can be a very emotional case and trying to
00:09:29.926 --> 00:09:31.706
keep their emotions calm too.
00:09:31.946 --> 00:09:34.266
So they don't, you know, come across in a way that, you know,
00:09:34.326 --> 00:09:35.466
might not be perceived well.
00:09:35.846 --> 00:09:41.346
So it's really kind of understanding their personality and what they need in
00:09:41.346 --> 00:09:42.846
order to prepare for this.
00:09:43.006 --> 00:09:46.006
And some witnesses, more prep is maybe not the best thing for them.
00:09:47.026 --> 00:09:50.126
You know, that can be kind of over-prepared and it can be kind of over,
00:09:50.706 --> 00:09:52.166
it kind of seems like a script.
00:09:52.446 --> 00:09:56.086
And that's not always good because it doesn't come off natural or credible.
00:09:56.546 --> 00:10:00.106
So it's really just trying to figure out what that individual needs in order
00:10:00.106 --> 00:10:01.206
to do their best at trial.
00:10:02.106 --> 00:10:05.266
Adam: You know, it's interesting. I think there's are, especially if there's an emotional
00:10:05.266 --> 00:10:09.206
aspect of the trial or there's going to be an emotional part of the testimony.
00:10:09.606 --> 00:10:13.406
I agree with you. If you rehearse it too many times, you run the risk that it's
00:10:13.406 --> 00:10:18.286
just going to come off as manufactured and it's just not going to land to the same level.
00:10:18.506 --> 00:10:23.006
I think that's the art of the trial lawyers coming up with what things to emphasize
00:10:23.006 --> 00:10:29.306
versus what things needed to just be raw in the moment, it feels like. Joyce: Definitely.
00:10:30.126 --> 00:10:33.766
Adam: So switching to trials, you mentioned you've done four in the last year.
00:10:34.306 --> 00:10:38.006
I believe you've done several openings for those trials as well. Is that right?
00:10:38.606 --> 00:10:40.426
Joyce: Yes, I did all of the openings.
00:10:41.746 --> 00:10:46.726
Adam: Walk me through how you approach openings and how you take them from good to great.
00:10:49.102 --> 00:10:53.782
Joyce: I think for most cases, a long opening kind of doesn't land as well.
00:10:54.202 --> 00:10:59.242
You want it to be enough that the jury or the judge, whoever the decider is,
00:10:59.282 --> 00:11:02.002
is getting enough information they need to get a preview.
00:11:02.362 --> 00:11:06.182
But going into every detail, the problem with opening too is you can anticipate
00:11:06.182 --> 00:11:08.442
what's going to happen and that's what you're trying to lay out.
00:11:08.582 --> 00:11:12.222
But it might not actually lay out like that. So it's good to give a preview.
00:11:12.462 --> 00:11:15.502
So I think starting with that being somewhat punchy.
00:11:16.522 --> 00:11:19.722
But as far as laying it out, you know, coming up with some sort of consistent
00:11:19.722 --> 00:11:22.762
theme, which can carry through the entire case.
00:11:23.002 --> 00:11:27.202
So obviously, you know, working with your colleagues and clients and to make
00:11:27.202 --> 00:11:30.902
sure that that theme can play out throughout the entire case and that it makes sense.
00:11:31.522 --> 00:11:35.002
So coming up with that theme and kind of emphasizing a little bit throughout
00:11:35.002 --> 00:11:37.022
opening so that it makes sense.
00:11:37.142 --> 00:11:40.402
And it's something that, you know, again, the fact fighter, jury,
00:11:40.582 --> 00:11:45.202
judge can kind of latch on to and kind of anticipate and prepare for moving forward.
00:11:45.842 --> 00:11:50.102
I think visuals, too, can also be very helpful in openings.
00:11:50.422 -->
00:11:55.362
So at least for three of those four trials in the openings, we had visuals.
00:11:55.682 --> 00:11:59.622
And I do think that that helps. Usually not very detailed ones,
00:11:59.722 --> 00:12:03.522
but again, enough to just have this kind of idea in the back of the fact finder's
00:12:03.522 --> 00:12:06.242
mind of, oh, we might anticipate this kind of thing coming.
00:12:07.062 --> 00:12:11.622
And that just sort of sets the stage. So that's at least somewhat how I approach it.
00:12:11.982 --> 00:12:16.342
And then making it good is presenting it like several times to different people.
00:12:16.702 --> 00:12:19.682
And especially, I think it's great to do it too with lawyers that don't know
00:12:19.682 --> 00:12:23.722
the case. You know, other colleagues at the firm who might be litigators that don't know the case.
00:12:24.102 --> 00:12:27.122
So if I present it and it makes sense to them, I'm like, okay,
00:12:27.222 --> 00:12:30.522
and that hopefully will make sense to a fact finder who does not know this case.
00:12:31.042 --> 00:12:34.582
But if it doesn't make sense to them, then I can kind of help develop and build
00:12:34.582 --> 00:12:37.662
that. And I think that's the best way to make an opening go from,
00:12:37.662 --> 00:12:39.962
you know, decent to much better.
00:12:41.495 --> 00:12:47.435
Adam: Back to the visuals and catchphrases. Obviously, the one case we tried a bit
00:12:47.435 --> 00:12:52.355
ago and also we successfully won on the defense side, the key message there
00:12:52.355 --> 00:12:55.155
was pulling on the catchphrase, where's the beef?
00:12:55.475 --> 00:12:59.455
With the idea being that there just is no evidence in this case.
00:12:59.575 --> 00:13:01.835
It couldn't prove the case, things like that.
00:13:02.635 --> 00:13:05.935
Upside is you remember that theme right from the jump.
00:13:06.175 --> 00:13:09.615
It sticks, especially with a judge that's from the vintage that would understand
00:13:09.615 --> 00:13:11.535
what that commercial meant in the very beginning.
00:13:12.175 --> 00:13:16.715
But you also could lose a lot of capital with the judge if they don't buy it.
00:13:16.895 --> 00:13:21.355
So if you're going to take an aggressive theme, what is your thought process for
00:13:21.355 --> 00:13:25.155
understanding when that theme plays or when you have to abandon it?
00:13:25.275 --> 00:13:30.015
Because it's just, it's too strong or may not be strong enough in those circumstances.
00:13:31.375 --> 00:13:34.675
Joyce: I mean, I think it's, you know, how much do you believe in that case?
00:13:34.835 --> 00:13:39.315
I mean, I think that that particular case, we were pretty confident going into trial.
00:13:39.455 --> 00:13:41.475
I mean, sometimes you go into trial thinking, well, this is,
00:13:41.575 --> 00:13:43.875
you know, somewhat of a toss up. We'll see how this goes.
00:13:44.135 --> 00:13:47.495
And, you know, often, I mean, like, I always believe in the case that we're
00:13:47.495 --> 00:13:50.395
presenting, but sometimes you believe in it even stronger, because you just
00:13:50.395 --> 00:13:52.895
know that there's so many holes in the other side's argument.
00:13:52.895 --> 00:13:57.555
So I think it's, you know, knowing your case and how strong you believe it and
00:13:57.555 --> 00:14:02.435
how you see the facts playing out and then presenting that strong-wanted opening, I think, can work.
00:14:02.835 --> 00:14:06.215
But if the case is a little bit more, you know, there's more disputes,
00:14:06.435 --> 00:14:10.015
there's more issues, there's more gray area, then maybe you don't want to,
00:14:10.055 --> 00:14:14.055
like, come out with something so strong because if you can't live through with
00:14:14.055 --> 00:14:15.295
that and the judge isn't buying it,
00:14:15.875 --> 00:14:19.495
you know, again, you're going to lose your capital and it's not going to come across as well.
00:14:20.235 --> 00:14:24.015
Adam: But heading into trial, knowing that, especially on the defense side,
00:14:24.235 --> 00:14:27.275
when you're faced with multiple claims,
00:14:27.555 --> 00:14:31.835
partway through trial or partway through the case, what's your approach with
00:14:31.835 --> 00:14:35.995
what claims you go after at summary judgment, which claims you save for trial,
00:14:36.215 --> 00:14:38.195
especially on the defense side, knowing, again,
00:14:38.455 --> 00:14:41.855
that if you use too much capital too early, you may not have enough,
00:14:41.935 --> 00:14:43.475
whatever you need at the very end. Yeah.
00:14:44.736 --> 00:14:47.876
Joyce: So I think there's often a strategy with sometimes with defendants where they're
00:14:47.876 --> 00:14:53.216
just going to go for summary judgment on the entire case, every claim in it, which can work.
00:14:53.576 --> 00:14:56.656
It's not like it never works, but I do think that you have to really carefully
00:14:56.656 --> 00:15:01.756
consider each claim and not risk losing some sort of credibility by arguing
00:15:01.756 --> 00:15:03.776
a claim where maybe that one's not as good.
00:15:04.376 --> 00:15:10.236
You know, I'd rather present a summary judgment motion where it's just an easy question for the judge.
00:15:10.236 --> 00:15:13.836
You know, that claim, of course, that claim doesn't work, rather than the ones
00:15:13.836 --> 00:15:17.116
that are a little more iffy or especially ones where you're like,
00:15:17.196 --> 00:15:19.656
this is not the best argument, but I want to go for all of them.
00:15:19.776 --> 00:15:25.956
So I think it's being very selective in which claims that you go after so that
00:15:25.956 --> 00:15:28.576
hopefully you can get the judge to grant.
00:15:28.776 --> 00:15:31.156
And if you can go after all of them, by all means, you should.
00:15:31.316 --> 00:15:34.676
But I do think that, you know, litigators should be a little more cognizant
00:15:34.676 --> 00:15:38.016
of which ones they're going after
so that you don't lose credibility with the judge.
00:15:38.016 --> 00:15:41.676
I mean, I think the best way to go is if you can just get a little bit whittled
00:15:41.676 --> 00:15:45.776
out every time, that means the judge is totally buying everything that you're doing.
00:15:46.076 --> 00:15:49.256
And then by the time you get to trial, if there's only one or two claims left,
00:15:49.476 --> 00:15:53.936
then hopefully, especially if it's bench trial, that can go your way as well.
00:15:55.216 --> 00:15:59.036
Adam: You mentioned the trial when you had the complete defense verdict last year.
00:15:59.976 --> 00:16:04.616
Moving forward to your bookend case that I think you've just recently resolved
00:16:04.616 --> 00:16:07.856
and tried, how did that case turn out?
00:16:08.996 --> 00:16:14.236
So just recently, we had another complete defense verdict in a somewhat similar case.
00:16:15.396 --> 00:16:19.576
As far as takeaways, what were some of the things you did differently,
00:16:19.896 --> 00:16:23.416
things you refined for that approach that you're able to build on from some
00:16:23.416 --> 00:16:24.216
of the earlier victories?
00:16:25.760 --> 00:16:30.480
Joyce: So I do think that the more recent one was a little more difficult of a case,
00:16:30.760 --> 00:16:35.060
a little more questions about, you know, how to prove this and,
00:16:35.180 --> 00:16:37.560
you know, whether plaintiff really did have a valid claim.
00:16:38.900 --> 00:16:45.200
So it was more difficult in that way to build, but I think just also still same
00:16:45.200 --> 00:16:49.420
way, kind of picking and choosing the claims to go after and at what point.
00:16:50.060 --> 00:16:54.740
In that earlier case, I think there were maybe 14 claims to begin with,
00:16:54.740 --> 00:16:56.660
and we did do a motion to dismiss and
00:16:56.660 --> 00:17:00.080
got about at least half of them were dismissed and a motion to dismiss.
00:17:00.560 --> 00:17:05.520
Summary judgment, there were, what, six or something left, went after a little bit at a time.
00:17:05.680 --> 00:17:10.920
This new case, the claims were a little bit better played, a little stronger
00:17:10.920 --> 00:17:14.620
in the beginning, so we did not go for a motion to dismiss, which I think did
00:17:14.620 --> 00:17:17.920
make sense because, again, this losing credibility with a judge along the way
00:17:17.920 --> 00:17:20.620
is not something that— used to try not to do.
00:17:21.040 --> 00:17:24.240
But we did then move for summary judgment, got about half of the claims kicked
00:17:24.240 --> 00:17:26.560
out at summary judgment, and then went on to trial.
00:17:26.880 --> 00:17:30.600
So I think, you know, kind of building off the same, you know,
00:17:30.820 --> 00:17:33.980
strategy as before into this case really worked well.
00:17:34.140 --> 00:17:38.360
But this case also being a little bit, you know, just stronger from the outset
00:17:38.360 --> 00:17:39.360
on the plaintiff's side.
00:17:39.960 --> 00:17:44.760
So knowing that and also, you know, these were the same attorneys,
00:17:45.060 --> 00:17:46.520
same plaintiff, essentially on the their side.
00:17:46.700 --> 00:17:52.700
So kind of already knowing how they handle their case, how they build the case,
00:17:52.740 --> 00:17:56.760
and knowing how to counteract that, it did make it easier the second time around
00:17:56.760 --> 00:17:57.680
because you know what to expect.
00:17:59.020 --> 00:18:03.960
Adam: For purposes of trial presentation, I think a lot of people overlook the use
00:18:03.960 --> 00:18:07.060
of Rule 1006 exhibits, especially in my mind.
00:18:07.200 --> 00:18:10.120
You can get admitted for the truth. It's not just a mere demonstrative.
00:18:10.760 --> 00:18:14.760
Oftentimes, especially in our complex corporate case, and they really synthesize information.
00:18:15.660 --> 00:18:18.900
What's your take on Rural 1000 exhibits? How do you use them?
00:18:19.100 --> 00:18:21.240
And how do you incorporate them into your trial work?
00:18:22.978 --> 00:18:26.698
Joyce: Yeah, I agree. I may think they're underutilized, but they are such a useful
00:18:26.698 --> 00:18:32.838
tool, especially, I think, really in a lot of ways that we use them are for,
00:18:32.838 --> 00:18:34.938
you know, large amounts of financial information.
00:18:35.298 --> 00:18:38.538
Say you have bank records going back like years and years and years.
00:18:39.078 --> 00:18:42.478
All the bank records are important, but rather than trying to admit,
00:18:42.678 --> 00:18:47.618
you know, 20 different documents of bank records, why not synthesize the information
00:18:47.618 --> 00:18:51.058
in a Rule 1006 and then get that admitted?
00:18:51.058 --> 00:18:53.558
And then that's an easier way for the judge to look at, you know,
00:18:53.698 --> 00:18:57.638
one or two pages rather than thousands and get the same information out of it.
00:18:58.658 --> 00:19:02.618
You know, judges are busy. You don't want to give them thousands and thousands
00:19:02.618 --> 00:19:05.278
of documents to review if they're trying to put together findings,
00:19:05.378 --> 00:19:06.278
fact, conclusions, and blah.
00:19:06.558 --> 00:19:10.858
So if you can do that in an easier way for them to still get all that information,
00:19:10.858 --> 00:19:12.478
I think that can be very helpful.
00:19:13.018 --> 00:19:15.778
And it's also a lot easier to work with witnesses when you're talking through
00:19:15.778 --> 00:19:18.878
that information. If you're trying to present every single accident and go through
00:19:18.878 --> 00:19:20.378
each one, it just gets old.
00:19:21.198 --> 00:19:24.918
You know, the witness gets kind of tired of it. The fact finder gets tired of
00:19:24.918 --> 00:19:26.078
it, whether it's judge or jury.
00:19:26.258 --> 00:19:29.878
So having in this kind of easier way, then you can go through it much more quickly.
00:19:29.878 --> 00:19:33.998
And it has a lot
more impact than all of thousands of documents.
00:19:35.198 --> 00:19:39.618
Adam: I also understand you made partner about the last year. Is that right? Joyce: I did. Yes.
00:19:40.778 --> 00:19:45.798
Adam: Congratulations, first of all. Joyce: Thank you. Adam: Now, as far as your path to partner,
00:19:46.038 --> 00:19:49.318
at some point, it seems like everyone has to make that choice of,
00:19:49.398 --> 00:19:52.958
you know, they're going to go all in and they're going to take the steps necessary.
00:19:53.218 --> 00:19:58.438
You know, for you, can you point back to a period of time or sort of what caused
00:19:58.438 --> 00:20:02.078
you to decide to go down that path and fully commit to the process?
00:20:04.128 --> 00:20:07.308
Joyce: I guess it's kind of hard to think about when exactly that happened,
00:20:07.308 --> 00:20:12.868
but I do think that it was a few years ago, before I joined the firm previous
00:20:12.868 --> 00:20:15.968
to Reed Smith, that, you know, I knew this was kind of an area,
00:20:16.128 --> 00:20:17.528
a path that I wanted to go down.
00:20:18.488 --> 00:20:21.628
And I didn't think I was at the right firm to make partner.
00:20:21.808 --> 00:20:25.608
So it was kind of finding the right group that would, you know,
00:20:25.708 --> 00:20:28.848
support me and help me to elevate to that next position.
00:20:28.848 --> 00:20:32.048
So I think that's an important thing for associates to, you know,
00:20:32.128 --> 00:20:35.948
kind of look around and see, you know, who's around you and who can kind of
00:20:35.948 --> 00:20:40.068
be your, you know, your champion to help bring you up to the next level and
00:20:40.068 --> 00:20:41.208
being in the right position too.
00:20:41.208 --> 00:20:45.848
I mean, if you're one of, you know, 10 senior associates and you know there's
00:20:45.848 --> 00:20:48.948
not really room for everyone up top, that can be a challenge.
00:20:49.148 --> 00:20:52.228
So I think kind of considering what's around you and, you know,
00:20:52.288 --> 00:20:56.828
maybe what your book looks like, what kind of, you know, the book of the other
00:20:56.828 --> 00:20:59.728
people around you looks like to not just the other litigators,
00:20:59.888 --> 00:21:03.488
but what, you know, what kind of work are the corporate group bringing in that
00:21:03.488 --> 00:21:04.828
you might be able to help work on?
00:21:04.828 --> 00:21:09.068
I mean, litigation is finicky in the sense that, you know, we're not just chasing
00:21:09.068 --> 00:21:13.228
people around being like, oh, did you get sued? I mean, we're not the ambulance chasing type.
00:21:13.408 --> 00:21:17.788
So, it's more, you know, it's harder to kind of sell what we do.
00:21:18.868 --> 00:21:23.608
So, I think being in the right environment is really the best step to get yourself
00:21:23.608 --> 00:21:26.188
set up if you want to go to the next step to make partner.
00:21:27.308 --> 00:21:30.268
Adam: I see what you're saying. I definitely agree over the years looking at it.
00:21:30.748 --> 00:21:34.508
We're probabilistic, I think, on how we approach the business development piece,
00:21:34.528 --> 00:21:36.988
which you have to have a lot of lines out there.
00:21:37.208 --> 00:21:41.168
And when matters happen, they have a lot of longevity, but at the same time,
00:21:41.288 --> 00:21:44.768
you have to sort of forecast for how you can create that pipeline.
00:21:45.008 --> 00:21:49.388
So I do agree, I think, for an associate training partner, it's looking at pipeline
00:21:49.388 --> 00:21:51.748
and making sure that you can get into a bigger pipeline.
00:21:52.248 --> 00:21:55.488
And it certainly is going to increase your chances from start to finish.
00:21:56.584 --> 00:22:00.764
Joyce: Definitely. Adam: All right. Well, that is our time for today. So I really appreciate
00:22:00.764 --> 00:22:04.644
you joining the pod and we'll certainly have you back on again and to hear your
00:22:04.644 --> 00:22:07.624
next trial win, which sounds like it probably won't be that far away based off
00:22:07.624 --> 00:22:09.104
of the string you've put together so far.
00:22:09.864 --> 00:22:12.204
Joyce: Let's hope so. Well, thanks for having me.
00:22:13.004 --> 00:22:14.144
Outro: Disputes in Perspective is
00:22:14.144 --> 00:22:17.704
a Reed Smith production. Our producers are Ali McCardell and Shannon Ryan.
00:22:18.344 --> 00:22:22.224
For more information about Reed Smith's litigation and dispute resolution practice,
00:22:22.624 --> 00:22:25.584
please email disputesinperspective@reedsmith.com.
00:22:26.584 --> 00:22:30.404
You can find our podcast on podcast streaming platforms, reedsmith.com,
00:22:30.524 --> 00:22:33.284
and our social media accounts at Reed Smith LLP.
00:22:34.744 --> 00:22:38.944
Disclaimer: This podcast is provided for educational purposes. It does not constitute legal
00:22:38.944 --> 00:22:42.244
advice and is not intended to establish an attorney-client relationship,
00:22:42.244 --> 00:22:46.384
nor is it intended to suggest or establish standards of care applicable to particular
00:22:46.384 --> 00:22:48.084
lawyers in any given situation.
00:22:48.604 --> 00:22:52.264
Prior results do not guarantee a similar outcome. Any views,
00:22:52.384 --> 00:22:56.204
opinions, or comments made by any external guest speaker are not to be attributed
00:22:56.204 --> 00:23:00.204
to Reed Smith LLP or its individual lawyers. All rights reserved.