Motion expertise can boost your long term career prospects.
by David Finley, Esq.
Okay, I’ll admit it – I’m a law and motion nerd. Having published more than two dozen attorney treatises on motion practice, I’m clearly biased about the value of this often underappreciated litigation tool. But since motions are such an integral part of any litigation practice (typically only explored at the introductory level in law school), I’ve dedicated my legal career to educating future and existing lawyers about law and motion practice. And, as a self-professed motion expert, I’ve come to learn how valuable these skills can be as a professional development tool for soon-to-be graduating law students and new lawyers.
This article discusses five reasons why you should develop a robust understanding of key motion procedures and hone your motion writing skills so you can become the “go-to” motion specialist in your firm. I’ll also explain why this designation can help you find greater satisfaction in your work, while laying a foundation for accelerated career advancement.
1. Motions Get You into Court Right Away
Soon after entering the legal workplace, new litigators learn a disappointing reality about their day-to-day existence: the early years of practice involve an inordinate amount of time “pushing paper” rather than getting into court. For most new litigators, this period invariably involves sifting through boxes of discovery documents (or their digital counterparts) and creating lengthy summary reports. Yes, in the big picture, this work is no less important than other aspects of trial practice – but it is still undeniably tedious and often difficult to see the proverbial forest for the trees. 
Compare the above scenario to the more glamorous (relatively speaking) opportunity to research and draft a motion argument; or, even better, to argue your motion in court. While not the same as “first-chairing” a seven-day trial, the motion project comes much closer to what most of us expected when we chose to become lawyers. And this leads to one of the first advantages of becoming a motion specialist: motions allow you to get into court and get a flavor for “real” lawyering much earlier in your career.
Getting more access to the courtroom will help you gain confidence when arguing in front of a judge, which will be a valuable asset when you begin handling trials and making other pre-trial appearances down the road.
2. Each Motion is Like its Own Mini Trial
Film and television portrayals of the legal profession often inaccurately suggest that lawsuits go to trial in a matter of days or weeks. This legal fiction leads to another reality check for new lawyers: most cases take years before they will get to trial, and the vast majority of those matters end up settling first. And this is the next reason why I love motions: they are like mini trials, with a life cycle that occurs over a matter of weeks or months, and not years. The motion writer will typically research, write, and file his or her brief in less than one week. Then the opposing party will have a few weeks to file responsive papers (unless the code mandates longer notice, such as a summary judgment). A few weeks later, the attorneys will argue the merits of the motion or opposition before the hearing judge, who will usually make a final ruling that day, or a few days later if the issues are thorny. And while still a just a subset of the bigger picture, it is hard to deny that motion work is infinitely more interesting and satisfying than sitting in a conference room summarizing discovery documents.
3. Motion Writing Provides Exposure to a Wide Array of Substantive and Procedural Issues
It is a mistaken belief to assume that all motions are the same: if you know how to write one motion, you can write any motion, some say. This fallacy may explain why most most law schools provide only a brief introduction to motion practice via first year writing courses or trial practice electives. Very few new lawyers realize that there are literally dozens (and dozens) of different civil motions at their disposal, each governed by specific–and very different–rules and legislative schemes. Potential procedural issues vary across the litigation timeline, including motions to address defective pleading attacks, attorney or judge disqualification, discovery challenges, trial location changes, sanction requests, continuances, dismissals, summary judgments, pre-trial evidence exclusion matters (via the in limine motion), new trials, settlement enforcement, damage modification, and many more. Motions will be filed in some form in nearly every litigated case, covering a rich panoply of possible legal subject areas. And not only will the procedural issues vary from case to case, but each case will have its own set of facts and issues.
And this leads to the next great thing about motion practice: working on motions will expose you to a wide range of substantive and procedural issues. Broadening the scope of legal issues and subjects covered by your workflow will not only help you expand your knowledge base and core skills, but it will keep your work as interesting as possible in the early years when projects can tend to be a bit more mundane.
4. Busy Senior Attorneys Value Exceptional Writers and Self-Motivated New Lawyers
If I’ve begun to pique your interest about becoming a motion writing specialist, this next item will explain how motion writing can also help impress your supervising attorneys, partners, and more senior associates in the workplace. It has been said that written work amounts to 90-95% of the work product for most lawyers, so great writers are in extremely high demand in any law firm. Developing a reputation as an excellent writer is one important way to strengthen the single most important tool in your toolbox. And since motions are one of the most prevalent forms of persuasive writing in a litigation practice, becoming a motion specialist gives you an excellent opportunity to take work off the desks of more senior attorneys in your office.
Top attorneys often advise new lawyers to make themselves as useful as possible to senior colleagues early in their careers. One way to do this is to be the last new associate to leave the office every day. When others have gone home, it is good practice to walk the halls of your firm and check with each of the late-working senior attorneys (there will be more than you expect) to see if they need help on any projects. Becoming a reliable resource for these colleagues will show that you are committed to the overall success of the firm, and will lighten their busy workloads. This will pay dividends when it comes time for your annual reviews. And promoting yourself as a motion specialist will give you an edge over your peers when vying for more interesting projects, competing for promotions, seeking to expedite your path to partnership, or making a lateral career move.
What new lawyers sometimes forget is that supervising attorneys are also extremely busy – with impending deadlines, upcoming court appearances, and their own billable hour requirements. So you will be doing your supervisors a big favor by developing a reputation as a self-sufficient motion writer who can reduce their workload by being their “go-to” motion writer.
5. Being a Motion Specialist Will Help You Rise Faster in Your Career
Despite recent increases in “experiential” education in law schools, law students are still entering the work force only partially prepared to tackle the real-world, skill-based work they will encounter in their first jobs. And this is why having a deep knowledge of motion practice – including a general understanding about the function and applicability of the two or three dozen most important and commonly encountered civil motions – can be a game changer in a job interview. And that’s the key to my final point: hiring partners know the value of good writing and will take note of candidates with exceptional writing skills and experience.
So if you’re looking for that first full-time legal position after passing the bar, or thinking about making a lateral move after your first job, or even if you’re still finishing up law school, you will increase your legal brand equity by boldly and confidently sharing your motion proficiency in job interviews, resumes, cover letters, etc. There are many ways to get this topic into the conversation in an interview, whether by sharing a war story about a hearing that went particularly well, rattling off the various types of motions you’ve filed, or discussing the range of knowledge you’ve attained in advanced motion-focused law school courses, motion-related continuing education, or certificate programs.
As mentioned earlier, becoming a motion specialist will also give you more time in court, which can lead to a number of ancillary benefits. From a career development perspective, your court time will not only help you gain confidence in arguing before judges, but it will give you access to other attorneys at motion hearings, thus providing valuable organic networking opportunities. At any given hearing, you may encounter dozens of attorneys, often some of the best in the business from your area’s top firms. Making a good impression at those hearings will open doors down the road as you begin to interact with lawyers and judges at bar functions, awards banquets, and other networking events.
In this article, I’ve shared a few of my favorite tips on why becoming a motion specialist can be good for your professional development goals. In my next article, I will share insights on how to quickly ramp up as a motion specialist. In the meantime, continue to seek out new motion projects and look for continuing education opportunities to enhance this indispensable skill.
David Finley teaches an advanced course on California Motion Drafting and Procedures at UCI School of Law in Irvine, California and is the author of multiple motion-focused practice guides with West Publishing and The Rutter Group.
