Volume XIV, Issue VI
November/December 2000

MENTORING:
IT'S AS SIMPLE AS GIVING 'EM THE ELBOW

By Tom Quinlan

I was at Celebration 2000. While attending the functions and meetings, I heard a common general theme: Lawyers, both more mature and young, have become less than civil in their inter-personal and professional dealings with each other. A particular concern was the perceived lack of civility amongst new attorneys. I agree to a certain degree. We all have experienced unpleasant moments in our day-to-day practice because of obnoxious or unprofessional behavior.

A number of suggestions were made for young lawyers concerning civility training. One was the need for mentoring. Proposals ranged from requiring a formal lawyer mentor program to simply requiring mandatory continuing legal education credits concerning professional courtesy. While listening, I wondered if mentoring really needed to be all that complicated. I fondly thought about my mentor, Robert L. Rovai.

I worked with Bob at the zenith of his practice; he had been a lawyer for at least thirty-five years. His was the most basic mentoring style. For his young associate, he had an open door policy; no question was to dumb to ask; and, there was no inopportune time to consult with him.

His associates were encouraged to tag along, to watch, and to learn. Our feedback about our experience was welcomed. I did not think of it as mentoring then; I only realize that now.

I thought of my first Superior Court trial, a complicated dissolution action involving allegations of child sexual abuse, with clinical and psychological expert witnesses. Given the complexity of the issues, the claims, and the expert witnesses, I was naturally nervous. Although I had some trial experience in the District and Municipal courts, I felt uncertain of myself. I was especially uncomfortable with my lack of command of the rules of evidence. So, I went to Bob for his advice. His solution: he would second chair the trial with me. He promised me he would be there for reassurance, and "not hold my hand." He assured me that I was ready and capable.

The morning of the first day of trial, we met for coffee and then hopped into his car (he refused to ride in my two seat convertible, the "lawn mower" as he called it). During the drive to the courthouse, I expressed uncertainty about my ability to raise appropriate evidentiary objections. His reply, "I'll just give you the elbow. When I give you the elbow, you stand up and object."

"What? How on earth is that going to help me," was my response. First, he replied: "You won't be embarrassed by me telling you to object." He informed me the elbow technique was a tried and true method, used during his first Superior Court trial in the early 1960's." Bob shared his light hearted story.

Bob had second chaired a construction contract trial with his than employer involving several hundred thousand dollars (a sum, which today I was reminded, is worth more than a million). The twist, however, was the fact that Bob's co-counsel, an experienced lawyer, was a narcoleptic.

I learned how the elbow technique worked. His narcoleptic co-counsel periodically dozed- off during the trial. Opposing counsel was asking a line of questioning that was objectional. Bob gave co-counsel the elbow. "Objection!" was blurted out in a muttered half-sleepy tone. "Sustained" was the Judge's response.

Shocked, opposing counsel stated, "Your honor, how can you sustain an objection when counsel is asleep?" The Judge replied, "The objection is sustained, and at the snails pace that your case is going, I am about ready to fall asleep myself."

Having a laugh which relieved some anxiety, and armed with the elbow technique, I was ready for the trial to start. Opposing counsel moved forward to the witness stand. Before the first question was uttered out of opposing counsel's mouth, I received the point of Bob's left elbow in my ribs. "Ouch, he hasn't even asked a question," I whispered. "Object, he is blocking our view of his client. They must have something to hide." I promptly stood up and politely objected; my objection was overruled. Crushed, I was instructed to make my own accommodations at my very large table, so that I could see the witness if I needed too. Off to a bad start, Bob reassured me by stating, "Don't worry."

Then, Bob started packing up his yellow pad and stood up to leave my side. In a panic, I asked, "Where are you going?" He responded, "I am going to sit over in the jury box so I can see this witness' face. Don't worry just look over to me and if you see me move my elbow, as if I am elbowing you then object."

A few moments later, opposing counsel was questioning the witness. Out of the corner of my eye, I noticed Bob's left elbow violently moving out. At the time, I did not have a clue as to what was objectional about the questions. I shook my head, "No." That wasn't good enough. The elbow came out again, this time with more animation. Again, I shook my head, "No." Next, in a whispered (but very audible tone), Bob said across the room, "Object, object."

Now, the Judge, having been observing the arm movement, sternly looked down at me over his reading glasses and said, "Young man, are you going to object or not?" I coolly responded, "No your honor, I'm not." The Judge quipped, while looking over at Bob, "Good, because if you had your objection would have been overruled." Strangely, I then felt comfortable as I settled into my chair.

Driving from the courthouse after the end of that day's proceedings, Bob said to me, "I don't know what the hell you needed me there for. You knew the rules of evidence better than I did. You had a firm grasp of the fact of this case. I don't need to come back tomorrow. Just give me a call during the break, if you have any questions or problems."

So, what's the moral of the story: If you are a young lawyer, don't be afraid to ask a more experienced lawyer, and to listen, if advice is offered. Inexperience naturally leaves one with feelings of uncertainty or anxiety. For the much more mature lawyer, don't be afraid to give your time or offer your experience. The reward to you and your profession will greatly exceed your time.

Mentoring need not be an arcane program, but it is a worthwhile effort. The question we should collectively ask ourselves is: Where are all the Bob Rovais. I think they are among us, and are mentoring everyday. Any young lawyer can find a mentor too; he or she is a door, a hallway, or a phone call away.

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