Sometimes a small dose of civility has a tremendous long-term effect. When I first started practicing, I had a pretty nice string of law-and-motion victories. In part, that was because I had been tossed a few softballs; the supervising lawyers at my firm realized that morale in their newer lawyers was important.
But the thing that I really longed for was to take some depositions. My opportunity came when I was asked to depose a plaintiff in a medical malpractice case. I had some trepidation because that was a practice area I had no experience in, it was in a case that I learned about only two days before the deposition, and it was for a partner who I had not worked with before. But after some good direction on how best to get up to speed, I prepped for and took my first deposition.
I cannot recall what the facts of the case were or even the theories that I was trying to develop through that testimony. But I vividly remember how I felt when I was done. There were two other lawyers present and one of them complimented me on the job I had done. I thanked her and let her know that it was my first deposition, after which she added another compliment or two and some words of encouragement. In a profession where it is easy for lawyers to second guess themselves, I still carry that memory with me.
My firm at the time gave me a copy of the cover page and list of persons present from the transcript of my first deposition as a keepsake. A few years ago, I stumbled across it and wondered who it was that had made much more of a difference for me than she could have possibly anticipated. It turns out that it was someone known for being nothing short of a fierce advocate for her clients. She is a Fellow of the American College of Trial Lawyers, an ABOTA member, and, yes, a former president of the San Diego County Bar Association. Virginia Nelson was someone I had already learned to admire for other reasons. But when I realized it had been her, that just exemplified for me both the reason she is a Broderick Award winner, and that civility and litigation efficacy are more often working in tandem than battling as opposing forces.
Yours,
David Majchrzak
2022 SDCBA President