Bench & Bar March/April 2025

CONTINUING LEGAL EDUCATION

“IF ONLY” MOMENTS: LIMIT YOUR SHARE YOUR EXPERTISE BY FRANK K. TREMPER

H ow often do you find yourself having an “if only” moment? For example, “If only that contract had contained a forum selection clause, my client wouldn’t be stuck litigating in Wyoming….” Many of us have worked on something that was impacted by the work of a previous lawyer. Often, knowing that we are build ing on the efforts of a colleague provides reassurance. If the previous work is superb, we may even review it closely and incorpo rate it into similar work we perform in the future. But sometimes, we may experience an “if only” moment, wishing the previous work had been done differently. It is important to remember that lawyers

are not trying to make mistakes, and they certainly are not trying to make things more difficult for lawyers who are downstream. If you find yourself running into the same “if only” moments in your practice, it is easy to feel frustrated or resigned. Remember, however, that you can do something about it. Consider putting on a local CLE pro gram. If altruism motivates you, then do it for that reason. But even if your main goal is to improve your own practice, the effort can pay off in the long run. Although most lawyers are not allowed to call themselves “specialists,” 1 many focus on certain areas of the law and develop deep expertise in those areas. On the other hand, just as many lawyers practice more generally. One of the best things about the practice of law is that you can hopefully find your way to something you enjoy.

At the firm where I work, some of us (including me) have more general civil practices. But a couple of my partners have focused practices in real estate and probate. When I have a real estate question, I am grateful they are just down the hall. Many of you generalists out there can likely relate. The inverse is also true. We generalists gain considerable broad experience that helps our colleagues with narrower expertise. The flow of knowledge in my office certainly goes both ways. Sometimes, though, lawyers can inadver tently fall into the routine of only interacting with lawyers who practice in the same areas. We see each other at the courthouse, in the record room, in depositions, or at our local or state bar association section meetings.

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