Episodes

  • Monday Mentors with Waco Estate Planning Attorney Kristen Mynar
    May 2 2022
    Kristen Mynar, a board certified estate planning and probate attorney and partner with Naman, Howell, Smith & Lee in Waco, joins us on today's show. Kristen talks about maximizing your mentors, caring about your clients, and what she looks for when hiring (hint: it's not on a resume!).

    Her firm/practice

    Offices in Waco, FW, San Antonio, Austin
    Most of the attorneys specialize in something, and there isn't much they don't do
    Her typical client has high-net worth and a closely held business, so you wind up working with them both on the estate planning and business related issues.
    Board certified as soon as she could, five years after starting practice
    Law is always changing so always have to stay on top of it; changing administrations can have an impact certainly so watching for whether new laws get passed at the federal level
    Current exemptions are at all-time highs but set to expire and be cut in half in 2026.
    Waco is a great community; friendly/competent lawyers; way more money here than you would think, and those people keep their money here.
    Does a lot of work with partners in the other offices, as well as with clients in the small communities around Waco. Also succession planning for client businesses.
    Estate Planning can touch a lot of practice areas

    Advice to lawyers in practice

    Her grammar was a problem in the beginning! So she got red inked on everything for three years.
    She had great mentors and was a sponge. She listened/learned. Did push back when it looked like there was more than one way to do something.
    Fortunate to have someone who wanted to teach her how to practice.
    Much of her practice is drafting/writing, and she kept making the same mistakes at first. So she made a list of all the mistakes she would typically make, and then before submitting anything to the partners would go over that list to see if she had made any of those mistakes.
    Learn to compensate for yourself
    Be humble
    Take a minute and think about it! See if you can figure it out. The reader should be able to tell that you at least thought through it.
    RE: Business development: just be out in the community and make sure people know what you do. Offer to go speak to different groups. Do a good job and care about the client!

    Advice to Lawyers On The Lateral Market

    Not a big believer in resumes.
    In interviews, looking for personality. Are you a person that I want to practice with? Personable? Easy to talk with?

    Rapid Fire Questions

    Name one trait/characteristic you most want to see in an associate: ability to use their brain
    What habit has been key to your success: keeping my time every day
    Favorite app/productivity tool: N/A - all apps are anti-productive
    What would be listed first on the interest line of your resume: mothering, (low-carb) cooking, lounging
    Favorite legal movie: Bowl? The Case for Christ

    Thanks again to Kristen Mynar for joining us on today's show!
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    44 mins
  • Movie Verdicts - Erin Brockovich
    Apr 1 2022
    Erin Brockovich is an outstanding 2000 film based on a true story about a woman who never gives up, doesn't take no for an answer, and helps get justice for an entire town. Robert and Daniel are joined by special guest Hope Mustakim to break it all down!

    Check out Hope's Waco ISD campaign page! https://www.hope4wacoisd.com/
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    1 hr and 39 mins
  • Monday Mentors with Houston Trial Lawyer Spencer Edwards
    Mar 28 2022
    Spencer Edwards, a shareholder and trial lawyer with The Hudgins Law Firm in Houston, joins us on today's show. Spencer talks about how to conduct yourself in trial, being eager to learn, and demonstrating work ethic in an interview.

    His firm/practice

    97 Baylor Law grad (25 years of practice)
    Catastrophic Injury / Wrongful Death trial lawyer (though hasn't tried one since 2019 due to COVID)
    COVID has essentially created a backlog of cases and trials, and that hasn't stopped new cases from coming in
    Has a case set for trial March 1st
    The shift in the judiciary has made an impact on the practice (R to D in Harris County), which initially meant actual trial lawyers were on the bench which was helpful. But now, there has been a shift in competence, experience, and consistency as well, which creates a different dynamic
    More high dollar verdicts in recent years has injected uncertainty on the defense side in valuing cases as well as emboldened plaintiff's lawyers

    Advice to lawyers in practice

    Remember that you are going to work with/against lawyers/judges again, so don't be a jerk!
    Chill
    No need to be super aggressive
    Only takes one moment to damage your reputation
    Throw inside if you must, but don't throw a beanball!
    If another attorney does that to you, however, you have to be willing to push back, especially in front of the jury
    If rules of procedure/evidence don't apply, then they aren't going to apply, so don't be the only one confined by them
    Also have to be prepared for rulings against you, even if they are clearly wrong
    Do it with a smile on your face; don't lose your cool; don't try to embarrass the judge; you can get makeup calls!
    Keep perspective
    You are going to lose cases, even some you should have won (you'll probably win some you should have lost)
    Don't let losses devastate you
    Exude confidence in the courtroom; act like you feel like you can/should win
    Don't be afraid to ask dumb questions / pride is dangerous to a young lawyer
    And ask why
    Don't make the same mistake twice
    If something needs to get done right now, that might not be the best time to push back/challenge/ask why...just do it! Find the right time/context.
    The best way to develop business is to do good work; and then watch the way lawyers at your firm develop their business and imitate that
    Learn how to talk on the phone! Older partners/clients expect it and are used to it

    Advice to Lawyers On The Lateral Market

    He's not a big resume guy!
    At their firm, a couple of younger lawyers review all the resumes and decide who to interview, and so he rarely sees the resumes. Also, law schools vary with their grading scales, so it is hard to compare candidates based on that
    Impressed with work history (even in high school and college) that demonstrates work ethic
    Important to bring up these things in an interview if you realize it could help you, since these items are likely not on your legal resume

    Final Thought

    From Professor Matt Dawson's speech to his law school graduating class: "I'm a smart guy, but that's not why I have been successful. I am successful because I have always worked hard. Don't get outworked. Don't let the other side beat you by outworking you." Great trial lawyer advice.

    Rapid Fire Questions

    Name one trait/characteristic you most want to see in an associate: Eager to learn
    What habit has been key to your success: Get some sleep
    Favorite app/productivity tool: Whiteboard
    What would be listed first on the interest line of your resume: Baseball / Astros
    Favorite legal movie: My Cousin Vinny

    Thanks again to Spencer Edwards for joining us on today's show!
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    46 mins
  • Monday Mentors with Waco Litigator Dave Deaconson
    Feb 21 2022
    Dave talks about being known as a trial lawyer, being proactive, and conversational interviews.
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    38 mins
  • Monday Mentors with Fort Worth Sports Lawyer Christian Dennie
    Nov 15 2021
    Christian Dennie, a sports lawyer, commercial litigator, and partner at Barlow, Garsek, & Simon in Fort Worth, joins us on today's show. Christian talks about understanding the case, demonstrating grit, and how the new name, image, and likeness legislation is playing out thus far.

    His firm/practice

    Firm is headquartered in Fort Worth with a Southlake office
    Commercial firm (no criminal)
    He focuses on sports clients but does a number of things under that umbrella including arbitration
    Fort Worth / Tarrant County legal practice
    Small town with over 1M people
    Plenty of large businesses
    Lots of lifers
    More local/Texas based firms
    Collegial and supportive of one another
    New name, image, and likeness NCAA rules and state laws, as well as potential changes to the NCAA constitution are significant issues

    Advice to lawyers in practice

    Have someone that will take you under their wing and serve as a mentor to you and help you learn/grow
    You win lawsuits in the library and not the courtroom
    Sometimes the law is not on your side but you need to be creative because things need to change
    Can happen in the courtroom with a decision, OR
    In a settlement or outside of the courtroom...can be just as good as a decision
    Take the case and figure it out
    It's not about sitting in your office 18 hours a day to show that you are committed; but it's not about the hours
    You are a problem solver
    Ideal is to be at a law firm that has enough work that you aren't having to "create time" to meet your billable hour requirements
    Daniel recalls former guest Jim Chester's advice to never leave a partner's office without the DDB (deadline / deliverable / budget).
    Important for the client to understand what they are asking as well
    Formulate a game plan early for how you are going to generate the clients you want
    Put yourself around the clients you want, but with the expertise you have even if that is different than what you ultimately want to do
    Understand the culture/business/environment of the clients you want to serve

    Advice to Lawyers On The Lateral Market

    Demonstrate the work you have done
    How does your work history match what the firm needs
    Is there a cultural fit?
    If you played sports in college or beyond that stands out to him because of the grit factor
    Trial experience, judicial clerkships, real estate deals/closings, employment contract experience all looks good
    If you don't have those things, do you have the interest, curiosity, and willingness to transition

    Sports Law

    Not a lot of large national deals yet
    2nd Circuit Court of Appeals / Gatto case
    Lots of local/regional deals
    Just making sure they comply with state law, because if they don't then they won't comply with NCAA rules
    Contract can't extend beyond eligibility and there are multiple places in agreements where perpetual licenses are inserted
    Bonuses based on results are not permissible and some of the early contracts had those in there
    Schools are starting to get a better grasp of it
    Texas' law specifically says you can't use logos/marks which can cause issues
    Some schools are trying to figure out how to permit the use
    Houston Travis Scott concert
    Was there adequate security?
    What does the license on the ticket say and do we have an enforceable arbitration clause?
    What if you are forced to click a link to go out and read the fine print of the license?
    Insurance?
    The NCAA recommendations on constitution/bylaw changes is a major issue in college athletics; especially if we see more power pushed down to the conference level

    Rapid Fire Questions

    Name one trait/characteristic you most want to see in an associate: Ability to roll up the sleeves and get after it; willing to do what it takes; send the fax!
    What habit has been key to your success: understanding the client; establishing trust
    Favorite app/productivity tool: Twitter
    What would be listed first on the interest line of your resume: sports and family; stand-up paddle boarding
    Favorite legal movie: A Time to Kill / My Cousin Vinny
    First date of OU/TX in the SEC: 2023

    Thanks again to Christian Dennie for joining us on today's show!
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    47 mins
  • Monday Mentors with Houston Legal Recruiter Anne Heaviside
    Nov 8 2021
    Anne Heaviside, a managing director and legal recruiter with ELR in Houston, joins us on today's show. Anne talks about the lateral legal market, work from home policies, and top tips for candidates. Her firm and roleELR Legal is in the Tanglewood area of HoustonSpecializes in 2-10 year lawyers in Texas law firms / mostly Houston / mostly Big Law (AmLaw 200)Got her start practicing law, including at McGlinchy Stafford. She then took over the recruiting role there before stepping out to work as a legal recruiter on the outsideLegal Market Update2019 was good as was the start of 2020COVID put everything on hold until about November 2020November things opened up, especially in the Big Law corporate world (Can you say SPACs?!)Capital MarketsM&APrivate EquityDebt Finance2021 only got hotterBig signing bonuses ($10k-$50k)There are not enough corporate associates in Texas for the demandThe need is new work. Clients have more demand from Big Law firms and there aren't enough 3-6 year associates with the necessary skills.Record number of lateral moves in Houston and DallasPlus new Big Law firms opening up in AustinSeptember hit and those associates have worked between 2000-2800 hours already in 2021 and are no longer taking recruiter calls; they are waiting for their year-end bonus before lateralling at the start of 2022.Real Estate an Executive Comp/Employee Benefits have gotten hotBig Law litigation is cool/slowLitigation boutiques are hiring but they are super picky (think Big Law requirements)Davis Polk raised the first year starting salaries from $190k to $205k and Cravath (the previous trend setter) matched (as have several others now). Has led to some mid/small firms rethink their comp.Big Law v. Small LawCorporate v. LitigationHardly any small/mid corporate firmsNo sign of slowing down in 2022In this market, small/mid associates and in-house lawyers CAN make a move to Big LawWork/Office ArrangementsFlexibility is here to stay (in Big Law)How flexible is the questionAmLaw 50 is still at home in Houston or back in the office by choiceMultiple office firms across the county/internationally have a hard time making different policies for different officesAmLaw 200 will likely move to a 3/2 (three days in the office and two at home)Though new associates will likely be required to be in the office for the training/mentorship/culture/etc.Mid-levels and Senior associates will likely push for even moreSmall firmsWill likely have more variety of policiesMore likely to be in the office than the Big Law firmsChallenges to flex workLack of integration within the firmWhat happens when promotion time comes or the work slows down and layoffs are required? Will the person who has been at home be disadvantaged versus the one who has been in the office?How can we replicate the in-office benefits and experiences that we don't want to lose?Advice to Lawyers On The Lateral MarketThis is not OCI anymoreNot tell me about yourself or what practice to you want to go inThere is a specific need they are looking to fillSo firm needs to understand exact experienceIf you have stellar academics (great grades at a great law school), list that first. Otherwise start with your law firm experience3-6 bullets under each position communicating exactly what you doYour role in what types of deals/casesYou can take out the bullets under internships or clerkships if you need spaceIf you have been practicing for at least 3+ years you need a deal sheetKnow as much about the job you are applying for as possible so you can tailor your experience to the needLitigators definitely need a writing sampleGPA on the resume if it was at least a 3.2 (Big Law still cares even for laterals)Big Law resumes don't need interest sections, but small law firms will often like to see itIf you do have it, make the interests unique, specificFinal ThoughtIf you are going to use a recruiter, look for those who have contacts at the firms you are interested inRecruiters can help navigate some tough conversations and issues that come up (conflicts, negotiating offers, etc.)Once your resume gets submitted to a firm (whether directly or through a recruiter), another recruiter won't be able to help you for at least 6-12 months at that firm. So be mindful.Pros/Cons about using one or multiple recruiters, but one tends to work better for the candidate.Candidates should give thought to whether they want to use a recruiter BEFORE they start doing anything in the process; this allows for any recruiter to best help you.Recruiters can give insight on comp, especially in smaller firms where there isn't a standard scaleRapid Fire QuestionsName one trait/characteristic employers most want to see in an associate: smartWhat habit has been key to your success: consistencyFavorite app/productivity tool: LinkedinWhat would be listed first on the interest line of your resume: Food blogging / foodieFavorite legal movie: Legally Blonde / PodcastThanks again to Anne Heaviside for joining us on ...
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    58 mins
  • Monday Mentors with Dallas Real Estate Lawyer Shameer Soni
    Oct 25 2021
    Shameer Soni, managing partner and real estate lawyer with Patel Law Group in Dallas, joins us on today's show. Shameer talks about starting a law firm, the real estate practice, communicating via resume, and wide receivers v. linemen.

    His firm/practice

    Runs the real estate practice: multi-family purchase/sale/development.
    Works with retail/industrial/hospitality clients as well
    Started the firm 11 years ago with two other partners built around entrepreneurs and business owners. The idea was to represent these clients in their core business as well as their investment portfolio (i.e. real estate).
    Started with clients whose core businesses were doctors, IT staffing, hotel
    Led to corporate immigration and real estate practice areas
    Also had/have a title company
    Now have a litigation practice as well that has recently pared down to work with clients adjacent to the real estate practice
    Got his start at a larger firm doing entertainment/film finance in Atlanta, but when he came over to start this firm, the Dallas/Texas market didn't support the film finance area, which led to the transition to real estate
    He went to every networking event, meetup in the beginning to get the firm off the ground
    His partner Anish went to a networking breakfast every week at 6am at Steak and Shake
    There is no bad meeting, no bad meetup. Your network has value in perpetuity.
    In the early days, he built relationships with lawyers who knew what they were doing and were willing to help when he got into situations he was unsure about
    Learned a lot about firm culture and the things they wanted in a firm while working for others, and then used that info to build the culture in their firm. Want to be the un-law firm law firm. From social interaction to limiting hourly billing (they do zero hourly billing on the transactional side). Conduct exit interviews with lawyers who leave and learn more about ways to improve the firm's culture.
    Market
    90% of their work is in Texas; 60% in north Texas.
    Deals ranging from $2M to $300M and all of those are in a strong market right now.
    Industrial is hot right now as well.
    Community retail is picking up.
    Hotels were crushed and remain so for now.
    Residential is on fire in Texas, but COVID has slowed down the process with supply chain issues, etc.

    Advice to lawyers in practice

    Learn business development and client relationships early; be proactive in asking to go with your partner on client visits
    Learn everything about a deal, not just your specific task/role
    Do as many meetings as you can
    You want to become a profit center as soon as possible rather than be a cost center for the firm
    Recognize that you are part of the deal and collaborating with the client for a win-win scenario; it is more than just a piece of paper
    Clients aren't hiring you to be a title review guy; they are hiring you to do a deal
    Must understand the forest and not just your tree
    Establish trust with your partners quickly so they are comfortable bringing you along to meet partners without embarrassing them

    Advice to Lawyers On The Lateral Market

    Recognize what the firm is looking for and make sure your documents clearly communicate your ability to meet those needs
    Be specific about what you have done
    What size deals?
    What type of deals?
    What role did you have?
    Find ways to connect with the partners (did you go to the same law school?)
    He rewrites his bio on the law firm website every quarter! It is a good exercise to think about when writing/rewriting your resume.
    Looking for the right fit for the need they have at the time
    Broadway show staffing example
    Football recruiting example

    Final Thought

    Attitude makes up for a lot; skills can be learned/taught. Much harder to teach personality/attitude/mindset.

    Rapid Fire Questions

    Name one trait/characteristic you most want to see in an associate: work ethic
    What habit has been key to your success: persistence
    Favorite app/productivity tool: Netdocs
    What would be listed first on the interest line of your resume: Formula One racing
    Favorite legal movie: Liar Liar / podcast

    Thanks again to Shameer Soni for joining us on today's show!
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    48 mins
  • Monday Mentors with Houston Entertainment Lawyer Erin Rodgers
    Oct 11 2021
    Erin Rodgers, entertainment lawyer and shareholder at Rodgers Selvera, joins us on today's show! Erin talks about the ever changing entertainment industry, knowing your value, and the interest section on your resume.

    Her firm/practice

    Partnered with Sergio Selvera
    He had stopped practicing for a time to start a record label when he came to a CLE where she was speaking.
    She became his lawyer for a time, and then he decided he wanted to practice again and they decided to partner up
    Entertainment law
    Music/TV/Writers/etc.
    Non-profit
    IP / contractual
    She has a music degree and is still a performer, which has helped her build the practice through the relationships she has
    Houston is the 4th largest city in the country so there is a lot of art business
    Austin has a better marketing department for its arts scene
    But much of the work is federal and the communication can be done remotely, so geography doesn't tend to matter as much
    Being an artist helps her understand what clients are going through as new technologies/distribution/etc. issues come up
    Textbooks can't keep up with the changes in the industry
    Students can help you keep up!
    One record label friend says they are predominately marketing new music via Tik Tok and Fortnite
    Why not you? (when it comes to practicing entertainment law)
    Do something every day that moves you forward to the thing you want to do.
    Entertainment Law is an amalgam of things that already exist (copyright, entity formation, trademarks, etc.)
    Non-profit/entertainment/sports have quite a bit of overlap, and for the arts sometimes the entity itself should be a non-profit
    There is a new Copyright Royalty Board
    Essentially a small claims court/mediation for copyright, since so many "violations" go unchallenged due to the high cost of lawsuits
    Pros/cons: will make many more people/companies likely to be challenged for their work that takes from others
    A panel is supposed to make decisions

    Advice to lawyers in practice

    If you want to practice entertainment law, volunteering with the Texas Accountants and Lawyers for the Arts can provide great experience
    Show your sincere interest in the practice
    Don't make it more convenient / less costly in time for the lawyer/partner do just do it themselves as opposed to showing you how
    Know the value of the service that you offer
    If you aren't charging enough, some people/potential clients/referrers may assume you aren't good
    Understand the market
    Setting your rates can help you filter what type of clients you work with
    On Work/Life Balance
    Make the choice as early on as you can
    Prioritize certain things on top of your law practice, even if its small chunks of time
    Minimize the amount of work that isn't billable
    That we can do everything ourselves doesn't mean we should

    Advice to Lawyers On The Lateral Market

    Highlight specific experience that relates to the position, the industry
    Interests section matters!
    "want to work in a small office" not the best response to why do you want to work here. Maybe that could be the 4th/5th thing on the list, but certainly shouldn't be the first.
    Employers can tell when you are sending the same cover letter to every job/employer. Tailor your cover letters! She actually gave credit to those who voluntarily submitted a cover letter when it wasn't asked for.

    Rapid Fire Questions

    Name one trait/characteristic you most want to see in an associate: think on your feet / adaptable
    What habit has been key to your success: work/life balance
    Favorite app/productivity tool: pen/paper list and random number generator
    What would be listed first on the interest line of your resume: playing music (clarinet, accordion, guitar, piano, vocals)
    Favorite legal movie: Legally Blonde / Lone Star Lawyers Movie Verdicts Episode

    Thanks again to Erin Rodgers for joining us on today's show!
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    41 mins