The Role of Specialized Practice Groups in a Public Law Firm

Wis State Public Defender TorchThe Wisconsin State Public Defender (SPD) has dual responsibilities: we are a large law firm and a state agency. Although there is overlap, each function has its own set of expectations and stakeholders, and we strive to achieve harmony between both roles. In this blog post, I am going to discuss an area where we achieve congruence by developing specialty practice groups.

From the beginning of the SPD, we organized ourselves based on specializing in appellate and trial work. The agency continues to maintain both of these general areas of practice, and we have identified additional specific practice areas: juvenile, forensics, termination of parental rights, racial disparity, immigration, and sexually violent persons (Ch. 980).

The SPD benefits in several ways. From a state agency perspective, specialty practice groups allow us to share specialized knowledge and expertise efficiently, lessening the need for staff and private attorneys to “reinvent the wheel” in these complex practice areas. From a law firm perspective, specialization allows us to enhance the quality of legal representation provided to our clients statewide.

Each practice group is led by a coordinator. That person stays abreast of the latest developments in the practice area and shares this expertise as an advisor, mentor, and educator to other SPD practitioners. Coordinators serve as a clearinghouse of sorts as they assist others in quickly changing areas of legal practice. Staff contact them as needed when they are preparing a client’s case or have a question in a new or undeveloped area of the law.

Each coordinator pulls together practice materials, including motions, briefs, transcripts, case outlines, and research/articles/studies to share with practitioners. Coordinators keep track of the legal nuances and mundane details in their practice areas and catalog them for easy dissemination to attorneys when requested. They assist with the agency’s training efforts, including presenting at the annual conference. Some coordinators conduct or assist with expert examinations at motion hearings and trials. The coordinators also assist private bar attorneys with their questions related to the respective practice areas.

Cases involving clients charged as a sexually violent persons typically involve a number of very intricate and arcane actuarial statistics. A practitioner who only occasionally takes such cases would find it challenging to build the expertise needed to work with statistics. In this example, the Ch. 980 practice group assists the attorneys with training in these math and statistical elements. Similarly, the forensics coordinator helps others with the technical aspects of this practice area. In fact, as I write this post, the coordinator for our forensics practice group is assisting in a jury trial by focusing on the forensic elements of the case.

As the agency continues to utilize such specialties, we will, as necessary, change and adapt to the ever-evolving and changing field of criminal justice in Wisconsin.

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The Value of Trial Experience to a Young Lawyer

As a new lawyer, I struggled to come up with blog topics. Being only two years out of law school, I don’t pretend to have near the amount of knowledge or experience as the frequent contributors and readers of this blog. I contemplated a post about the recent United States Supreme Court decision in Missouri v. McNeely, but Dean O’Hear would cover that topic in a much more eloquent and researched fashion. I then contemplated a post about the privacy implications regarding the recent news on the NSA collecting phone records (or even more recently—the criminal defendants demanding the records as exculpatory evidence). However, as a past student of Professor Boyden’s Law of Privacy class, I’m inclined to believe his post on that issue would make a much more interesting read. I finally decided on a topic that has monopolized my attention this Spring and Summer: jury trials. While a post on jury trials authored by Professor Blinka would likely be deemed so sage as to be cited by the Wisconsin Supreme Court, I’ll tackle the area from what I’ve learned as a new lawyer.

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America’s Largest Law Firms Keep Getting Larger

law-firm-12086-largeEven with a seemingly endless stream of stories in the lawyer press about lay-offs at large corporate firms, the largest law firms in the United States continue to grow larger and larger.

In the National Law Journal’s recently released list of the 350 largest law firms in the United States, two Chicago-based law firms have broken through the 4000 lawyer barrier. DLA Piper leads the list with 4036 lawyers while Baker and McKenzie is close behind at 4004.

There is a considerable gap between these two firms and the next largest firm, although three law firms–Jones Day (New York), Hogan Lovells (Washington, D.C.), and Latham & Watkins–each have more than 2000 attorneys. An additional 17 firms had more than 1000.

In spite of the leap upward by DLA Piper and Baker and McKenzie, the overall growth of the top 350 was quite sluggish with only a 1.1% increase in total size since 2011. (The 2013 ranking are based on 2012 employment numbers.) Nine of the 21 largest firms are actually smaller now than a year ago and a 10th firm is exactly the same size. DLA Piper, in contrast, grew by 7.7% as it added 290 additional lawyers. However, much of its growth game through the acquisition of other law firms including firms in France and Australia.

Six Milwaukee firms made the list of 350. The top five combined declined by a single lawyer over the last year. The six are, with their national ranking:

31. Foley and Lardner (872 lawyers, down 2 from the previous year)

107. Quarles & Brady (413, same as the previous year)

202. Reinhart Boerner Van Deuren (203, up 1 lawyer)

207. Michael Best & Friedrich (198, up 2 lawyers)

233. Godfrey & Kahn (170, down 2 lawyers)

309. (5-way tie) Whyte Hirshboeck Dudek (130 lawyers, new to the list)

Even when the economy is sluggish, the dramatic growth in the size of corporate law firms, especially the largest firms, relentlessly continues. This phenomenon has been one of the most significant developments in the legal profession over the past four decades.

When I was in law school in the fall of 1976, I had an interview with the Nashville firm of Bass, Berry, and Sims. At the time, it was the largest law firm in the city of Nashville with a grand total of 17 lawyers. Today, the firm is still the largest law firm in Nashville, but it now has more than 200 lawyers (even though it did not choose to offer one of those positions to me).

I also remember, sometime around 1980, how amazed observers of the legal profession were that the Houston law firm of Fulbright & Jaworski (now Norton Rose Fulbright) had passed the 400 lawyer mark, something that had been unthinkable only a decade or two earlier. Now Piper has passed the 4000 lawyer mark.

Where this ends, nobody seems to know, but can the 10,000 lawyer firm be that far away? Of course, when this happens it will more likely be the result of a series of mergers rather than through entry level hiring.

 

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