Editor’s Column

by Shelley A. Ajax

There is an art to practicing law with other lawyers—an art concerning congeniality amongst us and professional conduct. I thank Mark Kuffel for teaching me that within a week of practicing (maybe it was longer, but he deserves the credit). It is impressive to see two attorneys collaborate on a case. It is even more impressive to see it happening daily around you. You want to be a part of it all, but nobody will let you.

The silent but deadly initiation process for young lawyers is overwhelming and often discouraging. It can be like hitting a brick wall when you need the most guidance and advice in your career; you are turned away, treated differently, and resolution of your case is like climbing a prison wall and crawling through barbed wire to make it to the other side. Many of us have been there and are still wading through the experience. Many have yet to get there and are looking upon it with wide-open eyes wondering. One way or another, we all started there. If you are just entering that arena, put that belt buckle between your teeth and bite down hard (but do not drink any whiskey – you will get through).

Here is an example. Opposing counsel is a seasoned and respected attorney (you know he is old, but you do not care). Opposing counsel has been on this particular docket before that particular judge for years. You do not even know the judge’s name until the bailiff makes the announcement. You try to talk to opposing counsel and you get nothing. Every other lawyer in the courtroom is working out their client’s problems but you! Instead, you head directly to argument. Your legs and arms are bleeding from the barbed wire and you hope nobody notices (everyone does).

You are standing before the judge. It is your motion, so you talk first (because you learned that in trial advocacy) and you were sure to say good morning or good afternoon first. You know the law (but you have no idea if you are even standing in the correct position in the courtroom). You are talking… or ranting… or yelling… or whatever it is you do (other lawyers in the courtroom are already calling you Dennis Miller during your argument and you hear this). Your hands are shaking, your legs are quaking, and you think you have a run in your stockings (and that is really going to kill your case).

The judge is scrupulously (perhaps frantically) looking through the court file ignoring you, trying to figure out what it is that you should be telling him in order to make an informed decision. You are done talking. You sit down. The other attorney starts in and the judge closes the file and looks up and pays attention to the older more seasoned lawyer and then makes a ruling. No reason to give you the opportunity to respond. You keep your mouth shut. Sound familiar?

It is like college initiation into a fraternity/sorority, except you just paid $100,000 for a business sized card with a five digit number. It is a rite of passage worse then the bar exam experience you went through (and you thought you were done). Hide your frustration and bide your time.
We all just want to get our first trial over with. It has been a year and my good trials keep getting bumped. I just wish the first trial that was going was not a standing issue on new law! Why do all the good cases settle? I could gain some experience from those! I think most of us feel this way and there is no way to stop the stomach tossing except to go through the trial.

By now you are wondering who the heck I am. Well, I am the associate editor of De Novo and I am honored to be here. I am a graduate of Gonzaga School of Law (blah, blah, blah)…I have two dogs and two boys. The dogs are miniature schnauzers (ages one and six). I opened my firm right out of law school, so this article is somewhat nostalgic (it has been a year, feels like 10).

There is still a long way to go before I gain the full rite of passage and after a year, I both embrace and understand that. Judges have a tremendous job making fast decisions that may affect children, parents, defendants, and the overall value of life for many. Judges are the guardians and I accept that (but sometimes I wish they would crawl the prison fence and cross the barbed wire fence with me). If nothing more, we could all use a reminder of how that feels, and for those starting out – this is normal. If you believe what you are doing and are honest, trustworthy, reliable, and congenial, you will, with time, make it through the initiation and on to the profession. Just like a good friendship, it takes time to trust, time to care, time to pay attention, and time to succeed.

For the past year, De Novo has been fortunate to have a great editor: Jason Vail. Jason has dedicated his legal career to public service. He has worked with Washington’s largest legal aid program, Northwest Justice Project in varying capacities for the past five years. His commitment to the community has been admirable. Jason helped coach the UW Law School team that recently won the national moot court competition hosted by the American Constitutional Society. Jason has also taught courses in legal ethics and legal writing to paralegal students at Highline Community College. I would tell you more about Jason, but he will be reading this and would probably edit out anything I said that would make him blush (so, I am sending this directly to the printer without his edits). Jason has also just been appointed to serve the WYLD at-large position on the Board of Governors. The term for the editor position is a year-and-a-half and Jason will transition out as I transition into the editor position in the future (not yet!). We will miss him and wish him the very best.

Unfortunately, most of our board is aging out or leaving to serve young lawyers in different ways. The more help we can get the better. Please consider spending a little bit of your time on the editorial board and participating in the monthly call-in meetings, sharing your ideas, writing articles, or just giving input. Since Jason will be leaving in the future, we will need your help (but don’t tell him that). If nobody steps forward to fill the shoes of the capable editorial board, I will be having that monthly editorial meeting with my two dogs, Romeo and Aly. We will have to switch from pizza to rawhide bones, but what the heck (actually they would prefer pizza). Should be a doggone good publication!

Shelley A. Ajax is the associate editor of De Novo. Ms. Ajax is the owner of Ajax Law Firm and will be transitioning into the De Novo editor position next year. She can be reached at 509-735-5055, or shelley@ajaxlawfirm.com. All opinions are solely her own and not those of WYLD, the WSBA, or De Novo.