Guest Chapter 11

Name: Lindsey Beran

Current Position: Assistant United States Attorney, Northern District of Texas

Former Positions: Federal judicial law clerk (x3); Trial Associate at Jones Day; Trial Associate at regional law firm Hughes & Luce, which was subsequently acquired by K&L Gates

Legal Practice Area: Currently, criminal law.

Law School and Year: Southern Methodist University, Dedman School of Law, 2006

Time between undergrad and law school: One year, during which I worked as an assistant at a law firm doing general odds and ends and making sure I wanted to be a lawyer. I also spent that year traveling, relaxing, and laughing with friends with close to zero responsibilities.

One or two books I recommend:

1. Just Mercy by Bryan Stevenson. This book helped reinforce my perspectives on empathy and the need to better understand others’ situations. It is a reminder of the two great lotteries in life: where and to whom you are born. We have no control over either and they dictate so much of what happens in an individual's life.

2. Any funny book. I have lots that fall into this category—Girls in White Dresses by Jennifer Close, Bossypants by Tina Fey, both Mindy Kaling books, and probably more. A more instructive or poignant book may be what is expected here and my husband, who is thoughtful but slightly overzealous when it comes to book gift giving, has given me way too many of those. But if a book makes me laugh out loud, I will read it again and again and give as a gift to just about anyone.

Why law school?

Simple: because I wanted to be a lawyer. I have met many lawyers who went to law school for one of the following reasons: (i) they did not know what else to do, (ii) they figured anyone could study for the LSAT regardless of their college degree, (iii) they thought it seemed like a profession where anyone could make decent money, or (iv) they thought it would allow them to put off the real world for another three years.

New lawyer frustrations—for me and working with baby lawyers

Even though I knew I wanted to be a lawyer, it took time to realize what specific legal position would bring me professional enjoyment. I graduated top of my class, could carry a conversation, and wanted to stay in the Dallas area, so I was fortunate in that job offers were plentiful. I took a job with a regional law firm so I could get on-my-feet experience. But before I started, it was swallowed whole by a large international firm. I did not get the experience I wanted and did not work on many cases that interested me. I raised my hand at every opportunity, but never spoke up or went to the lawyers who were doing the work I wanted to do. I was too afraid of burning bridges and spent a long time thinking I was more important to a project or a partner than I actually was. But getting experience is the holy grail for young trial attorneys. And it was incredibly frustrating not to get it right away.

Working with new lawyers, they want experience before they are ready for it. HA! It was true for me too in that I wanted to question witnesses before I learned how to review documents, how to craft an outline, how to ask the question a second time (better), or how to recover from an answer I did not expect (note: you move on and decide later whether to circle back).

How have you used (or not) the core concepts of lawyering as this book proposes: Empathy, Listening First, Asking Questions, and Giving Advice?

I would like to think that I use these core concepts every day, though not as often I could. I work and interact with a unique subset of people: criminal defense lawyers, government lawyers, law enforcement, and individuals and companies who have been charged with, convicted of, or accused of some sort of wrongdoing. I try to listen to everything everyone says. Listening serves many purposes: you learn more if you listen more, you unsettle people if you are not talking, and people want to talk when they feel heard. People who listen can also form questions, take notes, remember spoken words, determine what information someone wants to provide and what they do not want to provide, and that carries forward in any area of law—depositions, witness interviews, internal investigations, corporate acquisition negotiations (I would assume). If you are not listening, you may anticipate the answer and miss what the responder is really saying.

Empathy plays a big role in my current position, but I think it carries over to all we do. Having the ability to step back and try to understand where someone is coming from, whether that is a boss, a partner, a spouse, an agency head, an agency director, a managing partner, a son or daughter, a ranking officer cannot be overstated. Everyone brings their baggage to the table and it can only serve you to try to look at the issues from their perspective, even if you do not ultimately agree with them.

Biggest mistake(s) you made while in law school

I'm going to swap out the word “mistakes” for “regrets” in this question. And the answer to that question is none. I have no regrets about law school. I focused, worked really hard, graduated at the top of my class, made a handful of some of my very best friends, and had a good time along the way.

What class(es) did I wish I had taken while in law school? In or outside the school? What about today?

I wish I had taken a public speaking or debate class. I tell my children that my job is one-third writing, one-third public speaking, and one-third negotiating (really, heated discussions). I wrote extensively in high school and college and “negotiated” my entire life (starting with my parents), but I think a public speaking class or club would have given me more confidence for speaking and presenting my ideas in the courtroom or elsewhere.

I also wish I had taken some sort of psychology class. So much of what we do involves getting into the heads, the psyche, of others, what makes people tick, what connects with people, what will people on juries care about in terms of facts and nullification. More than anything, it interests me now on a level it did not when I was in law school.

Most useful classes in law school

I did a criminal clinic my third year of law school, and it was hands down the most useful class I took. By the time I graduated from law school, I tried two cases, negotiated several plea deals, and argued a suppression hearing. I lost both trials and the suppression hearing. But getting on my feet, picking a jury, questioning witnesses, there was no better learning experience for me.

How did you decide what to do post-law school? With hindsight, how good of a job did you do?

I kept changing jobs until I loved getting out of bed every morning and going to work. I worked in big law, which I did not mind for a few years, because I worked with intelligent and gracious people, friends, and mentors. But I realized I wanted to have control over my cases, I wanted to be in the courtroom, and I wanted to experience the thrill of victory (or the agony of defeat). I also wanted to do something that felt worthwhile to me because that was important to the person, wife, and mother I wanted to be. It seemed like a natural fit to become a federal prosecutor, because I loved practicing in federal court. It took me longer than I would have liked, but I was patient, and I took my opportunities when they came. I listened to the advice of mentors and friends and by hard work, luck, and good timing, I landed right where I want to be. I doubt I will be a prosecutor for the duration of my career, but I can say without a doubt it will be the best job I will have ever had. Being a prosecutor allows me to interact with a wide swath of people, to help people who have found themselves making bad decisions, and to flex my competitive spirt when necessary. In hindsight, that combination is exactly what I wanted, and needed, to do as a lawyer.