Monday Mentors with Baylor Law Professor and Trial Lawyer Elizabeth Fraley

Elizabeth Fraley, Associate Professor of Law at Baylor Law School and renowned trial lawyer joins us on today's show. Liz talks about the impact of COVID-19 on the class of 2020, how lawyers can lead the conversation around racial justice, and the importance of having a plan for your case.

COVID-19 Update (recorded July 9, 2020)

• Attended a virtual faculty meeting at 4am local time from Maui
• Baylor Law was fortunate because
  • several faculty members had been teaching remotely in the Executive LLM program and already knew how to do it;
  • also have great IT team to make it work; and
  • culture is let's figure it out and make it work
• Learned a lot about Zoom technology
  • input options for sharing documents
  • students were willing to become technological innovators
• July Bar Exam cancellation
  • Disappointed that the state wasn't more proactive about getting an online July Bar Exam
  • Injected more uncertainty into the 2020 grads
  • Take the July 4th holiday to take a break, but also to get over it and come back ready to go
  • Impacts start dates for those prepared to start jobs in September, as well as those who are pursuing prosecutor positions who typically need to have their license in hand before being considered
• Summer Starting Class
  • Delayed by one week to adjust logistics
  • Summer/Fall enrollment numbers are steady/good
    • These students knew/know they would likely be doing online learning and prepared to be flexible
• Fall Starting Class
  • Working towards in-person if possible, but preparing to be online
  • Largest challenge isn't in the classroom, but inside the courtroom
• Profession
  • ABA mandated technology competence standards in 2012, but the profession hasn't consistently responded to that, and this experience could jump start things
  • You can do Zoom/Teams depositions and mediations
  • Cost savings available by utilizing tech
  • Concerned about remote jury trials
    • does it feel too much like a TV show
    • do criminal defendants get due process in this format?
    • Observing jurors both for reactions but also for conduct

Racial Equity and Racial Justice in the Law (15:30)

• Racial equity has been cast aside for an unthinkably long time
• Grateful the nation seems to be meaningfully look at it
• Systematically discriminate across multiple sectors
• Judge Tonya Parker in Dallas has done great work on implicit bias and jury service
• Educate yourself on implicit bias
• Much of the discussion of the topic is conducted in a way not likely to lead to consensus
  • Social media pushes everything to extremes
  • Black Lives Matter v. All Lives Matter is a fallacy
  • Lawyers can be good in guiding civil discourse and we need people who can facilitate those discussions; key to getting us to meaningful outcomes
    • How do we look at statues of people from a different time and what lens do we use to look at them?
    • How do we safely allow police to do their important job in a way that doesn't discriminate?

Her practice

• Trial practice in healthcare litigation space; trying lawsuits for doctors/hospitals who had been sued
• She also developed a practice later in her career where other lawyers would bring her cases late in the game and try them
  • The cases that were in good shape were those where the lawyers clearly had a plan
    • started with a true understanding of the legal elements / what are the causes of actions
    • what are the damages and how can we prove them?
    • If someone took the time up front to do an early case assessment, those are the cases/files that are in the best shape later
    • (This connects to what Wesley Lotz mentioned in this episode)
• She is beginning to slow down practice
  • If you chase too rabbits you won't catch either one
  • But it is helpful to stay sharp and relevant
  • Helping mentor young female lawyers on cases
    • Important because if we don't give others a chance to try cases, we aren't going to have new trial lawyers
    • 10-15 year lawyers who are ready to move up to a more sophisticated level

When hiring lawyers

• Would call the law school professors and ask for their recommendations
• Very hard to train new lawyers in a small firm trial practice
• Come into the interview prepared
  • Candidate had two pages of thoughtful questions based on research she had done on the firm and how the position fit into her career goals
  • Have questions for the interviewer!
• Do the interviewer and the candidate communicate well together

Rapid Fire Questions

• Important trait/characteristic you most want to see in an associate - preparedness
• Key habit - early riser
• Favorite app/tool - remote working platform
• Favorite social distancing activity - kayaking at sunrise
• Favorite legal movie - To Kill A Mockingbird and Legally Blonde

Thanks again to Professor Elizabeth Fraley for joining us on today's show!