Introduction

The media often portrays a typical “day in the life” of a litigator as being filled with intense courtroom showdowns and a constant stream of high-stakes drama. But the reality is somewhat more nuanced than that. The actual “day in the life” of a litigator can differ dramatically from one attorney to another and is highly dependent on what jurisdictions they practice in, what types of cases they handle, and their experience level. Still, for a litigator, no day ever looks the same. In this article, I’ll take you through one particular day for me in my life as a civil defense litigator in New Jersey and share with you my thoughts along the way.

My schedule for today includes two proceedings: a deposition of a plaintiff for one case and an oral argument on a motion for another. Earlier in my career when remote legal work was less practical and every proceeding was conducted in person, I would be “on the road” for almost this entire day. The shift to remote work is a huge time-saver for me and a money-saver for my clients. Throughout the day, I will enter my tasks into my firm’s billing software which also takes time but is not billable.

5:00 AM: Rise and Shine

I was certainly a night owl for most of my life. But once I married a teacher, I had no choice but to become a morning person. My wife is up at 5:00 AM for work, so I am too. I grab my laptop from my office and go downstairs to the kitchen and make a cup of coffee. I take a seat at the table, turn on the news, and open my laptop.

5:15 to 7:00 AM: As Much Work as my Toddler Will Allow

I get in as much work as I can before my toddler wakes up. Every day starts with checking my calendar. My life as a litigator is filled with a constant stream of deadlines across many cases, and it is critical for me to stay on top of them all.

Next, I check my inbox for any emails and court notices that came in overnight. It’s extremely important to keep my clients advised of any updates, so the next thing I do is email the claim professional handling this claim and the client to let them know that this was scheduled. It’s also important for me to stay up to date on legal developments, and so I subscribe to daily legal news alerts. I quickly scan the headlines and save anything related to my practice to read later. I read and respond to a few more emails until my inbox is empty.

Today, my toddler was generous and slept until 6:00 AM. The news is changed to Bluey, which we sit and watch on the couch for about 15 minutes until he’s ready to play with his toys. By this time, my wife is almost finished getting ready, so I make breakfast and pack her lunch. Around 6:30 AM, we eat breakfast together, and my wife and son are out the door by 7:00 AM.

7:00 AM: Getting Ready for Work

Between 7:00 and 8:30 AM I get ready for work. I shower, shave, and put on my suit. I make a second cup of coffee, and I’m back at my desk at 8:30 AM.

8:30 AM: Starting a New Case

I am already prepared for my morning deposition, so for the next hour-and-a-half I tend to another matter. I look at my to-do list and identify what tasks are most time sensitive. I was referred a new case which just cleared conflicts yesterday, and there are a few things that need to be done right away. So, what do I actually do at the very start of a new case?

The first thing I do is review the complaint to get a general understanding of what this dispute is about. Who are the parties involved? What are the allegations? What are the causes of action? I take note right away of the firm and attorney representing the plaintiff. Is my adversary known for aggressive litigation or a willingness to settle cases early in lieu of protected discovery?

Next, I prepare opening letters to the claim professional, the client, and the plaintiff’s attorney. I file a notice of appearance with the court so that I immediately begin receiving notice of any filings. Next, I email the client to set up a conference in the next few days to discuss the case and our strategy and identify any records the client has relevant to the claim and our defenses.

Next, I put a call out to the plaintiff’s attorney to gather some intel. I want to know a few important things at this early stage. What are the plaintiff’s claimed damages? Are they still in active treatment? What are the demands?

10:00 AM: Deposition

First up on my calendar is the remote deposition. Preparation is key to success as a litigator, and I spent yesterday afternoon preparing my outline and exhibits. The plaintiff requires an interpreter, so this deposition takes longer than it would otherwise. We take a 15-minute break at noon for lunch, and the deposition is completed by 1:45 PM.

2:00 PM: Appearance at Oral Argument

Next up on my calendar is the oral argument on my motion for summary judgment. It’s about a 40-minute drive to this courthouse, but I’ll need an extra 10 minutes to find parking, get through security, and be at the courtroom before 3:00 PM. The court is running behind and is still holding argument on another case when I arrive. I review my notes and practice my arguments as while I wait in the gallery. My case is called around 3:20 PM, and we’re finished just before 4:00 PM. I’m back on the road a little after 4:00 PM and back at my desk at 5:00 PM.

5:00 PM: Tying Up Loose Ends

My family will be home around 6:00 PM, so I’ve got about an hour to tie up any loose ends. I’ve received quite a few more emails since I left for court, so I clear my inbox over the next half hour. This includes emailing my claim professionals and clients with updates on the deposition and oral argument. Once my inbox is empty again, I check my calendar for the following day. I have an answer due in one of my cases tomorrow, but it has already been drafted and is ready to be filed.

6:00 PM: Dad Duty

My family comes home right around 6:00 PM. I take a break from work to have dinner and spend a little time with my family before we need to get our son bathed and ready for bed.

7:00 PM: Wrapping Up

The rest of my day largely depends on my schedule. For example, if I were in the middle of preparing a case for trial, I could be working for a few more hours. I check my to-do list and decide to start drafting a motion that is due to be filed in a few days. This motion involves an issue which I have not dealt with for several months, so I spend about 15 minutes “Shepardizing,” as we call it—checking whether the legal authority I intend to use to support my case has changed as a result of more recent decisions. I find a recent decision that supports my position which I will cite to in my motion. I then work on drafting the motion until I’m ready to call it a day at 8:15 PM. I will have time to finish it tomorrow since I don’t have any appearances.

8:15 PM: Winding Down

My day as a litigator has come to an end, and it’s time for me to wind down. Aside from my appearance at the courthouse, I was mostly sitting for the whole day. Many of my workdays can be like this, so I try to squeeze in some time to exercise during the week whenever possible. Exercising at night really helps me to relax and clear my mind, especially if my day as a litigator was a particularly stressful one. I hop on my Peloton for a virtual ride through Oregon’s Painted Hills followed up by a stretching session. Then I take a quick shower and I’m ready for bed by 9:30 PM and asleep by 10:00 PM. I’ll be up again at 5:00 AM tomorrow for another day in my life as a litigator.

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