What is the Role of First Chair
In the legal world, each member of a team has a specific function, and each position carries a title and a set of responsibilities. The first chair is the lead attorney on any legal matter, and by extension, the most prominent person. For example, in a trial, the first chair is the head attorney responsible for managing the case from start to finish.
While there are no strict definitions for the "first" and "second" chair roles, their general responsibilities break down as follows:
The first chair is the lawyer who leads the case, and the second chair is the lawyer who supports the case. However, just because first chair has the most responsibility doesn’t mean they do all the work. An effective team delegates and divides responsibilities based on skills and availability—not seniority. Junior lawyers should not assume that they will always be a second chair just because they’re not as experienced as the first chair. They may be assigned to a particular job or role specifically because they know how to do it well, and letting them execute their skills is what will help them become the successful toplitigator they desire to be .
At trial, the first chair will act as the spokesperson to the judge or jury, but this does not mean that they should always be the one questioned. During a deposition or trial, everything should be going through the first chair. Anything that comes up that is not clear should go through the first chair, who will then decide what to say. Having a single point person prevents jurors from being confused and ensures that the legal team appears cohesive.
Though preparing for a trial is subject to change, the general process goes as follows: initial meeting of all involved, who then prepare together, spend time strategizing and reviewing whether the outline of the trial still fits the goals of the company or client, and then practice questions (for the other chairs) that will be posed by the first chair. Most importantly, however, before trial the team will adjust witnesses and any other resources needed (subpoenas, documents, etc.) based on what new information has been learned.
Skills Needed for First Chair Lawyers
Serving as the first chair is no easy task. There’s more than one commonly held belief that first-chair attorneys go home at night to practice their golf swing while their associates work through a pile of discovery. The truth is that serving as first chair requires a combination of skills that must come together for a trial team to succeed. First chair attorneys are responsible for the overall case strategy. They are, in effect, the chief executive officers of the case, and they must bring together the appropriate team members and make sure that the entire team understands the strategic plan. Aside from overseeing all aspects of case strategy, the first chair must also be able to adapt to any quickly evolving facts that may become available during the trial. He or she then needs to be able to quickly analyze those facts in the context of the entire case and change course if need be.
So aside from being an able strategist, the first chair must also be an able tactician. They have to be able to cut through the minor details of any information, relying on the basic, fundamental tenets of the law and their expansive knowledge of the case, to weave a true narrative acceptable to the judge and/or jury. First chairs should have a strong understanding of basic evidence, procedure and the relevant law. They need to be able to think on their feet and be able to respond to the unexpected, whether that be a mistake made by an associate or new evidence coming to light that could change the course of the trial. Above all, they should be able to marshal the facts and law to be able to convey an understandable story to the judge and jury.
First chairs should also be able to negotiate throughout the life of the case. They must communicate with client and co-counsel to explain the current status of the case, the future direction of the case and potential settlement opportunities. They should be able to help both client and co-counsel understand the potential risks versus opportunities of accepting a settlement offer.
Finally, like or unlike any other lawyer, the first chair must also be persuasive. Whether in the course of a motion or the examination of a witness, the first chair must be able to persuade the court of the merits of his or her argument and must be able to win over the jury, getting them to see the factual and legal merit of the case. First chairs must be able to write well — that is, effectively and succinctly convey the merits of a case through the written word — and must be able to speak effectively and persuasively; whether in court, with clients or with co-counsel, a first chair must be a consummate communicator.
Strategies for First Chair Success
The first chair attorney is responsible for the strategic approach to the case, the coordination of the trial team, and the overall presentation of the case in court. To be a first chair success, the attorney must be able to anticipate problems, prepare for any potential issues or obstacles, speak persuasively to the court and jury, and manage the team both within and outside the courtroom.
Preparation is one of the most important keys to success for first chair attorneys. Not only should the attorney have an extensive understanding of the facts and evidence related to the case, but he or she should also have a strong understanding of the law and how it could impact the outcome of the case. A lack of knowledge about the law can result in issues with evidence or objections to admissible evidence, which can dramatically alter the course of the trial.
To avoid these types of issues, many attorneys seeking to strengthen their positions bring in an additional support for the trial team. In-house experts, subcontracting specialists, and trial consultants can all help the first chair attorney understand the law, anticipate problems, and strategize solutions.
Attorneys also need to know the jurors in advance of trial to ensure that they are able to consistently manage their expectations and can build relationships that foster trust and confidence. The entire jury must be responsive to the arguments put forth in court as well as the actions of the attorney and the rest of the legal team.
Once in the courtroom, the first chair attorney must take everything into consideration and manage the team and case as a whole. The WHO system, which involves planning for what will be said, who will say it, and when it will be said, leaves nothing up to chance. Making the right decision in each of these categories can be the difference between a successful case and a lost cause.
In addition to managing the trial team, the first chair attorney must also address how the team will manage the case as a whole so there is no overlap or conflict. Each member of the team should have a specific role, such as premises liability attorney, negligence attorney, or medical malpractice attorney, and know what is expected of them throughout the process.
First chair attorneys also have a huge impact on the level of persuasion in the case. The attorney must be able to make an emotional connection with the audience while also presenting the facts of the case in an easy-to-understand format.
The first chair attorney is a vital member of any legal team. While this role is ever-evolving, a focus on preparation, managing the team, and persuasive presentations can help attorneys at all levels be first chair success stories.
Issues Faced by First Chair Lawyers
While the experience to be in first chair commands a premium – from pay to general respect and admiration – it is also a pressure-packed position. The first chair has more responsibilities than anyone else on the team, and if things go badly, the first chair is likely to take the blame. This creates a situation where the first chair attorney can often feel all of the weight of the case on his or her shoulders, and the stakes are very high. Clients expect the first chair to handle everything and be an all-star, which is why the clients pay you the big fees. That is also why the first chair is often under extensive pressure. If things go wrong – be it a trial or settlement negotiation – the first chair is held responsible. That can lead to frustration and/or overwhelm. When that happens, what often follows can be too much second guessing by others on the team concerning strategy and implementation. With so much at stake, and with so much pressure to succeed, the first chair attorney must be careful not to be overconfident. The buoyant mindset that is ideal for leaders is still subject to reporting among those in a more junior role on the legal team. Overconfidence can lead to blind spots and a lack of awareness of one’s vulnerabilities. Further, clients expect the first chair to make key decisions based upon empirical data. That has a tendency to transform a trial or negotiation into a technical exercise , rather than a more fluid, organic process. The best trial lawyers enjoy being on their own, free to act creatively, free of obligations to allow those on the team to get experience and practice, and having the flexibility to adapt when things go sideways. In order to avoid feeling overwhelmed or overly pressured, first chair attorneys must learn how to delegate effectively. There must be a healthy relationship between the first chair and the team. The first chair should be empowered to "call his or her shots," but should exercise that power by allowing everyone else on the team to be heard. In other words, everyone on the team should feel comfortable questioning the first chair. Of course, that questioning should be done professionally and respectfully. And the questioning should be reasonable and well thought out. In addition to a healthy team environment, first chair attorneys must learn how to accept mistakes. Error is human. Even the best attorneys are going to screw up. That said, what’s important is to learn from those mistakes. To the extent that a mistake was made by the first chair, he or she must accept it, learn from it, and move on. Oftentimes, attorneys in leadership roles will err by dismissing others on the legal team. It’s important to give everyone a voice.
Advantages and Opportunities as First Chair
The role of first chair at trial provides several benefits and opportunities for attorneys. First and foremost, it establishes the attorney as a premiere advocate with extensive knowledge of the complex and ever changing laws in particular practice areas. Mastery of an area of the law is critical for zealous representation of a client and the first chair position allows for full immersion in the relevant statutes and case holdings. In addition, the role of first chair at trial provides unique opportunities to hone oral presentation skills. A strong oral presentation not only establishes credibility with the trier of fact, but also earns the respect of the attorney’s peers. As an attorney’s trial experience increases, so does his or her reputation for professionalism and thoroughness. A pristine reputation over time equates to career advancement opportunities and boasts a larger, diverse client base.
Advice for the Aspiring First Chair Lawyer
For junior attorneys working towards their goal of becoming a first chair, here are a few practical tips: Don’t accept less than 100% commitment. Only accept cases where you will be first chair, but also where you can have full commitment of the client to spend the time necessary to prepare. There are a lot of things I wish I could do differently, but if I look at the overall list of cases I’ve tried, bankruptcies, divorces, business disputes and other civil cases fit that list almost perfectly. Unless it is a "no brainer," then a good ballpark is probably 50/50 in measuring your efforts against those of the opposing party and his or her lawyers. It is very difficult to make up any gap in the amount of work you are doing with a "creative" argument in court. Rather, they say that the battle is won or lost long before the first witness takes the stand so do what you can to prepare.
Listen to your clients. Most clients want and need to feel that they are part of the process. There are lots of opportunities for a first chair to listen to a client to gauge how the client feels about the strategy being used. Listen to and value your client’s opinion. But you are a lawyer with years of legal training so make sure you keep everything in perspective. The client has reasons for wanting to use a homemade remedy or shortcut but sometimes for him or her, what seems like a shortcut is actually the most costly and expensive path to follow. Help the client understand the problems with the shortcut so that he or she can make an educated decision about the whole plan .
Identify your weaknesses and then improve your weak areas. In brainstorming several lists of what skills you are using and improving and which skills you are not using and needed to improve, there is probably some overlap. What amazes me is that a lot of the goals I set for myself seem to fall into both categories. There are some obvious explanations such as the fact that if I’m spending a lot of my time on a skill or area, then it means that I’m not spending enough time on my other skills and areas. But if you keep coming back to the same skills again and again in brainstorming sessions, this means that the technique or tactic you are trying to improve seems to always be outside of your wheelhouse. Instead of getting frustrated, take action and do something about it. One of my ideas for how to solve a problem may be to use an outline and I’m learning this can be quite effective.
Attend as many trials as possible. Take advantage of every opportunity to see a trial. We live in a great age where many hearings, trials, depositions and other court proceedings are recorded so they are available from multiple sources. I think just about every trial I watch I always come away with several new ideas on cross examining witnesses, making an opening statement, additional questions to ask on direct, questions to ask on cross, preparing exhibits, and a myriad of other areas. Continue to build experience. With a trial coming up, use every opportunity to talk about your case to family, friends, your barber, check out the movie "My Cousin Vinny" and practice your courtroom speeches to the dog.