New Lawyers and their Transition into the Marketplace
by Thomas F. Liotti
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This article addresses a problem that has heretofore not been considered. What follows are the snippets of a transcript of an expert, who testified during a disciplinary proceeding involving a young lawyer. The lawyer's name is not mentioned due to the confidential nature of the proceedings, but the expert is a renowned attorney, Willard DaSilva.
Mr. DaSilva has distilled the problems heretofore described. This is a synopsis of his testimony. What awaits us following this crystallization is the profession's response. This article urges the Chief Judge and the New York State Bar Association to immediately establish a Commission to recommend ways to assist new lawyers in their transitions from law schools into private practice.
Q - What is your name?
A - Willard H. DaSilva.
Q - Please tell us something about your background and how you are presently employed.
A - I have been a practicing attorney for a little more than 50 years, and more than 30 years of that time, the most recent 30 years, I have dealt almost exclusively in the field of matrimonial and family law.
I have maintained an office originally as a single practitioner, and I then went into the corporate field, and about 35 years ago I went into a private practice basically as a single practitioner.
I have had partnerships, but they were small partnerships, one person or maybe two at a time. During the interlude between partnerships, I was a sole practitioner, so I would say at least half of my time was a sole practitioners, and then within some of the partnerships I functioned as a solo practitioner and did not deal jointly in cases with the other partners. I would say that my practice has predominantly been as a single practitioner in fact.
I have had opportunities to do extensive writing in the field. My works have been published in many legal journals and magazines. Recently just this year I was appointed as a member of the Board of Editors of the New York State Bar Journal, and I am presently and have been for the past couple of years Editor in Chief of the American Bar Association magazine, The Family Advocate, which deals exclusively in family law. I publish for Matthew Bender a monthly article, a series of articles on domestic relations law, and for the West Group, I have written an update annually for a book known as New York Matrimonial Practice. It is a red volume. Most lawyers in the field know it. They consider it a Bible, or at least beginning practitioners in the field of matrimonial law. I have written for many magazines, a fair share of magazines.
I have appeared as a consultant in many radio and television programs. I have appeared on the Donahue Show, Regis Philbin, Sonya Live, which is a CNN program, Ted Koppel, many of the well known shows, and many of the radio talk shows. In fact, I am scheduled in December to be on a radio show.
I have been on NBC Nightly News during the past year, all related to matrimonial issues and matrimonial practice. A complete resume of my background other than lecturing appears in Martindale Hubbel Law Dictionary and I do seminars regularly. I lecture four or five seminars a year at least.