Monday Mentors with Dallas Appellate Lawyer Morgan McPheeters

Morgan McPheeters, appellate lawyer with her own firm McPheeters Law in Dallas, joins us on today's show! Morgan talks about launching her own firm, appellate law in the trial court, and Hamilton as a legal movie.

Her firm/practice:

• Appellate lawyer in Dallas who works all over the state
• Civil appeals
  • Usually plaintiffs in PI cases
  • In COA and TX Supreme Court
  • Also works with trial lawyers during the trial to help preserve errors, draft jury charges, etc.
    • Especially in more complex cases
    • Can't appeal anything that wasn't preserved at trial, so the trial court is critical
    • Helps to allow lawyers to focus on their strengths and priorities while having an appellate lawyer to take care of that part
• Most trial lawyers are men and white, though it hasn't been much of an issue. They have trusted her fully. It is scary for others, anyone, to rely on you to get it right as the "book lawyer."
  • It's okay to not always have the answer in your head; your role is to find the answer.
• On starting her own firm
  • As an appellate lawyer, she only needs wi-fi, a laptop, and Westlaw, so it was fairly easy to go out on her own.
    • If you are a PI lawyer, that's harder since you have to finance the litigation.
  • Her prior firm gave her great experience. The culture was "if you brief it, you argue it."
  • There's never the "perfect" time to start a firm/business. It will always be scary and there will always be challenges.

COVID Update (As of 3/3/21)

• Courts of Appeals have done a great job adapting
• You can always write/file briefs, so her work hasn't been as impacted
• Oral advocacy by Zoom is different
  • She has had two Texas Supreme Court arguments over Zoom; wifi issues each time
  • In real life, you can read the room and figure out when one of the justices is going to ask you a questions; harder on Zoom
• Appreciates the efficiency and accessibility Zoom has provided
• Obligatory cat lawyer reference

Advice for practicing lawyers

• Feedback on your writing/advocacy is a gift
• Your first draft should look like you killed a chicken on it (red everywhere); this can be hard to take but it is a gift and you should learn from it and improve
• The business of the practice of law is different and something you don't learn in law school, and the sooner you learn about it the better
  • Learning when to say no to new business is a challenge, but sometimes it is the best answer

Advice for lawyers in practice

• Have a strong work ethic
• Make yourself indispensable or a go-to person for something (practice area; admin)
• Getting involved in organizations relevant to your/firm practice that can lead to new clients
• Don't be afraid of getting pigeonholed

Advice for lawyers looking for jobs

• For her, she would prioritize people who show strong advocacy and writing skills
• Don't have to be at the top of the class
• Be a lifelong learner; respond to feedback/criticism

Rapid Fire Questions

• Name one/trait characteristic you most want to see in an associate: lifelong learner
• Habit that is key to your success: to do lists
• Favorite app/productivity tool: Calm app
• Favorite social distancing activity: sewing/costuming
• Favorite legal movie: Hamilton (the other 51 / why do you write like you're running out of time?)

Thanks again to Morgan McPheeters for joining us on the show!