Kyle Robisch
@FloridaManEsq_
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Partner @latitude_legal | flex legal talent | ex @bradleylegal & @venablellp | @vanderbiltlaw and @UF grad | "A man of taste" - @robertfreundlaw
Tampa, FL
Joined February 2023
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I’ve picked up a few new followers lately, so allow me to (re)introduce myself!
I’m Kyle (👋), a partner with
@Latitude_Legal
, a flex legal talent company.
That’s just a fancy way of saying we help legal departments and law firms find top shelf interim/contract talent. Think
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God help us all, Taylor is in her Lawyer Era
Apple Music reveals the first word for “The Tortured Poets Department”:
“Hereby.”
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Client: I’m looking for a bulldog litigator. A street fighter. Someone aggressive.
Me:
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Me: So why do you want to go to law school?
Them: Because I like arguing!
Me: Well, I hope you like arguing at 2am on a Thursday
Replying to opposing counsel at 1:45 AM and getting a reply back at 2:05 AM. I guess we’re both living the dream
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Teddy: Look dada, I working! I billing hours!
Me, silently weeping: You could be anything and you chose this...
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Litigation is a tough business. The fights can turn nasty, the stress can eat at you, and the deadlines can be cruel. All of which is why grace and civility are especially powerful currency in litigation land. Don't pick fights, don't unnecessarily oppose extensions, etc. /1
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*Tweet storm incoming*
Law firm leaders are taking notice:
“The younger generation of lawyers is less interested in becoming the older generation of lawyers,” said Daniel Farris, partner-in-charge of the Chicago office of Norton Rose Fulbright.
Why? Traditional firm
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What’s the biggest warning light in a hearing? For my money, it’s a judge who knows OC just a little too well.
The Court: Howdy, Tony.
Me: Who’s Ton—oh no.
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Reviewing OC's redlines v. signing the trampoline park waiver
Lawyers reviewing contracts for work vs. when buying a 2 million dollar house
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My opening mediation demand in a 10k breach of contract case
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I tell young lawyers this all the time: We're all winging it. Partners, opposing counsel, even judges and juries. No one has it down to a science.
Once you embrace that, it dampens some of that imposter syndrome, even if just a bit.
In my 20s:
I thought my bosses ran these precise, well-thought-out plans.
Eventually, I saw behind the curtain.
They were making it up as they went along.
It was a liberating moment -- realizing we're all idiots.
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Lawyers will drive ten hours round trip to stand silently during a five minute case management conference
Academics will get on a 9 hour flight to talk for 15 minutes on a climate emergency panel
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The reddest red flag in litigation land—a client seeking a “bulldog” or an attorney describing themselves as one.
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The best litigation is the litigation you avoided before it became litigation
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We rightfully roast Suits for its portrayal of law practice. But that’s not the most absurd thing about it.
It’s the complete lack of locks and keycards. These people just saunter straight into judges’ chambers, opposing counsel’s offices, and homes. And nobody bats an eye.
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Folks, it doesn't cost anything to be nice. To opposing counsel, to the other side, to your team. Being nice doesn't do a disservice to your side either. The opposite, in fact. /1
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Yeah, sex is great but have you ever deleted the Outlook app after leaving a job?
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I’ll never forgot my first depo; OC oozed class. I was a fourth year associate; she was a high level state attorney. I was deposing a state official. She only made three objections and no commentary. She could’ve bullied the hell out of me. She didn’t. I try to pay that forward.
Practicing law is difficult and often stressful. Older lawyers should try to remember what it felt like to be a young lawyer. I spent my first three years of practice worrying about and over analyzing almost every thing I did. What I needed—and frequently received—was thoughtful
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Reviewing a summer associate memo I need to rewrite from scratch
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Cosign. Law schools (and firms) should also teach:
(1) the business of the law (billing, retainers, firm overhead, BD, etc)
and
(2) practical lawyering (writing client emails, working on and managing teams, letter writing basics, etc)
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Me, before the deposition: Keep your answers short and to the point. Don’t overshare. Don’t ramble.
The client, before the depo: 🫡
The client, during the deposition:
I'm often struck with the realization of: Holy shit I'm alive, I'm a human on Earth, I get to do amazing things, this is awesome! 🤯
None of it makes sense really.
Who am I? How did I get here? How am I so damn lucky?
Am I a robot? An NPC in a video game? Is any of this real?
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A deposition? Oh don’t be silly, this is just a little question and answer session!
Depositions:
-Serious
-Formal
-Unfun
-Under penalty of perjury
Just a little question and answer session:
-Silly
-Casual
-Fun
-Under penalty of perjury
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When the mediator tells the client what I’d been saying from the start
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Associate-ing is saying "if another partner asks about my capacity I'll walk out a window" and "are they not giving me enough work because they're about to hate fire me" over and over again
owning a law firm is saying “I need more clients” and “I have too much work” over and over again
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Got a sec to help new and junior lawyers?
If you’re willing, please share: (1) who you are, (2) what you do, and (3) what you wish you knew today that you wish you’d known when you started lawyering.
Let’s break down some of those barriers to this community knowledge!
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Thomson Reuters. Westlaw is unconscionably expensive. But using Lexis is malpractice.
What company is simultaneously the most profitable and the most hated?
I’ll go first: Oracle software. Everyone buys it. Everyone hates them.
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Associate nightmare fuel in four easy steps:
(1) Add up your annual billable & nonbillable hours
(2) Divide your salary by that number to get your hourly pay rate. I.e, your pay per each hour actually worked.
(3) Compare to your actual billable rate
(4) 😭
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Litigation clients before the first invoice hits
Sam Altman: I don't care if we burn $50 billion a year, we're building AGI and it's going to be worth it
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"Mr. Smith, that might've been an answer to somebody else's question, but it wasn't an answer to mine."
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Can the FTC also ban client emails after 5pm? Please and thank you.
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Litigating is saying "next month should be slower" over and over until you die
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Legal: You know that slapping “PREVELEGED AND CONFIDENTIAL” on your emails doesn’t do anything, right?
Sales:
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Imagine if we introduced lawyers like NFL players:
"Kyle Robisch, Vandy Law"
Law school class rank: Top 85%
Summary judgment success rate: 3.7%
Scouting report: Decent doc reviewing eyes, elite briefing hands, needs work in the depo room
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“How many interrogatories do I get again?,” googled the biglaw litigation partner
“You have a law degree,” I say to myself while again googling how to spell subpoena
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What’s your biggest pet peeve when it comes to opposing counsel?
I’ll go first: “In 50 years of practice I’ve never seen [insert thing the rules require].”
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Please respect my culture
For normies in the Real World, I'm here to tell you that there are still lawyers in 2024 who communicate through PDFs of letters sent through email by their assistants.
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Should’ve been a dentist, he mumbled to himself as he answered client emails at 8pm on a Friday
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Bank employee 1: Idea—what if we stayed open past 5? Or maybe had weekend hours? For people with jobs.
Manager: LOL. No.
Employee 2: What about a giant sign with the temperature and time? You know, stuff people already have on their phones.
Manager: First of all, yes
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Lawyer: Answer only the question asked. Don't overshare. Keep your answers tight.
Client: Obviously.
Client during the deposition:
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As an associate, few things felt better than a partner sharing credit. Telling the client or team about my good work. And when I messed up, the best salve was a partner who gave grace and took some blame.
So now, I do the same. Share credit; take blame. The best leaders do.
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The longer I practice, the more I see that empathy and EQ are lawyering superpowers. The ability to tap into judges', juries', adversaries', and clients' feelings really turbocharges your lawyering.
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Partner: Hey, why don't you take the wheel on this depo. You've earned it--it's your time to shine.
Associate:
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The mediator when I ask why Plaintiff's counsel wouldn't accept my final offer after a full day mediation
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A young lawyer recently asked for my best advice for new litigators. While I wasn’t as eloquent as this, my answer boiled down to my favorite Ted Lassoism:
Be curious, not judgmental.
Litigators are gumshoes. They need to find facts and build stories. That requires being
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Lawyering is saying “I’ll clear my inbox tomorrow “ over and over until you die. Of acute email exposure.
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If opposing counsel has been practicing for three decades and doesn’t say so, are they even allowed to practice law?
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The Paw Patrol is basically uninsurable right? It's a paramilitary force of attack dogs with helicopters, tanks, and subs. They have space-based superpowers. And they're only accountable to a five-year without a last name.
Even Lloyd's wouldn't touch 'em with an 100-foot pole.
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As a junior associate, I remember the pride of getting my name on a brief’s signature block. Then as a mid-level or senior associate, I remember the same feeling when I got to actually *sign* the brief.
Now, it isn’t a big deal to me. But it still is to my more junior team. 1/
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Pocket people, if you’re up for it, share a time you messed up.
Few things are a better antidote to imposter syndrome than hearing how others made mistakes—and lived to tell the tale.
I’ll start. Several years ago, I was an associate on a huge case. Both sides had hired some
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Are there only 20 lawyers in the whole Suits universe? These people see the same opposing counsel—and each other—on the other side of every damn case or deal.
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What’s my biggest regret about leaving biglaw?
That I’ll never graduate from Super Lawyer (tm) Rising Star to a full blown Super Lawyer (tm).
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After a decade of recruiting and hiring law students and lawyers, I can safely say networking and interviewing boil down to one thing: Being someone others like being around.
That doesn’t mean suppressing your personality. It does mean being kind, respectful, and interesting.
People love to tell law students to “network!” without explaining more. My opinion: at this very early stage of your career, think of it as simply making sure people who might hire or recommend you know that you exist and have a positive opinion of you.
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Scott is spot on. Some partners bemoan “this generation.” They say this crop associates just can cut it—that they lack drive and motivation.
I call bullshi**. It’s the opposite. This generation sees BS for what it is. And they refuse to accept it. They want to work hard, but in
The stories I hear from colleagues at other firms are discouraging.
One of the worst is this:
Associates are burnt out with no vision for their future in 2, 5, or 10 years.
They have no drive or desire to build because nobody is there to listen or cast a vision for their place
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The best litigation is the one you avoided in the first place
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So do we all get coupons for one (1) free admin law retake, a $500 Visa gift card, or how does this work?
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The longer I practice, the more I see that empathy and EQ are lawyering superpowers. The ability to tap into judges', juries', adversaries', and clients' feelings really turbocharges your lawyering.
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Me: What’s fun in theory but miserable in practice?
You: Liti—
Me: Besides litigation. Too obvious.
You:
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When you realize you might be stuck doing discovery for the next thirty years
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Me fourth chairing the big depo
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Judge: “Counsel, let me first say how professional and persuasive you were today.”
Me:
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If you gotta kill 'em, do it with kindness and professionalism. Trust me, it's far more effective. /2
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What I would give to be a summer associate again:
2.5 - Strategize re: Eleven Madison Park menu in preparation for summer associate lunch
5.5 - Edit draft TikTok re: summer associate lunch
.3 - Finalize and publish TikTok re: summer associate lunch
That's a whole dang day.
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This tweetstorm brought to you by frustratingly rude opposing counsel. /3
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For an astronomical fee, I will tie your enemy up in court for a decade.
For a small fee, I will go to your enemy’s writing workshop and say, “I feel as if you may be struggling with the distinction between idiom and cliche.”
#WritingCommmunity
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Lawyer Powertip
#1
: Make everyone address you “Doctor” so they don’t forget you have a juris *doctorate*.
Follow me for more tips on how to make yourself more relatable.
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You: Sends an invoice. Any invoice. Every invoice.
Client:
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Last week, *hundreds* of denizens of law twitter took the time to share advice with new lawyers. Specifically, what they know now that they wished they knew when they started lawyering.
There were reams of great advice. But a few themes emerged. (Y'all rock. Truly.) (🧵) /1
Got a sec to help new and junior lawyers?
If you’re willing, please share: (1) who you are, (2) what you do, and (3) what you wish you knew today that you wish you’d known when you started lawyering.
Let’s break down some of those barriers to this community knowledge!
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Litigation is hard. And one of the hardest parts is breaking bad news to clients. You can do everything right—and you can *be right*—and still lose. It’s the nature of the game. /1
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One of my favorite quotes about legal writing: If it read easy, it wrote hard.
The highest praise I can give a piece of
#legalwriting
is that is simple without being simplistic.
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Surprising as it might sound, many of my conversations boil down to this. Litigation is expensive--in cost, stress, and time. Most wins are phyrric.
Don't get me wrong--some cases need to go to the mat. But more often than not, avoiding protracted litigation is win-win.
“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be
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It is with a heavy heart I announce that with enough sleep, you don’t need to drink gallons of coffee a day
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Did I give on the merits of my client’s case? Not at all. But I did take extra care to avoid letting professional disagreements become personal. And you bet I extended similar courtesies. Everyone--the lawyers, their clients, and the courts--benefits. /3
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Y’all showed up BIG. Some 200+ lawyers have already added their tips and tricks for the next generation of lawyers.
For all its problems, this place is powerful. Thanks to all making the law better for those coming behind us.
Got a sec to help new and junior lawyers?
If you’re willing, please share: (1) who you are, (2) what you do, and (3) what you wish you knew today that you wish you’d known when you started lawyering.
Let’s break down some of those barriers to this community knowledge!
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Friends, I'm over the moon to announce what’s next for me: Founding
@Latitude_Legal
's Tampa office.
What does Latitude do? We provide high caliber, experienced attorneys and paralegals to in-house legal departments and law firms on a flexible or project-specific basis.
Latitude
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Law is a judgment business. Judgment requires you to make decisions and offer opinions. Don't get paralyzed by the fear of being wrong. Make real decisions and offer real opinions. That's what clients want--and what they pay us for.
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Sales to legal
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Several times in my career, opposing counsel have offered me a similar courtesy. E.g., Extensions because of a holiday, scheduling gimmick, or personal issue. Each time, those counsel earned my respect and corresponding courtesy. /2
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In litigation, losses are hard. Really hard. But they should also be humbling.
It’s tempting to just say “they just got it wrong.” Sometimes that’s right. But often, we could’ve done better. Better crafted our argument, messaged our themes, or distilled our points. /1
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I can’t keep track—are millennials bad because we don’t take enough vacation or because we take too much? Someone please explain to my tiny millennial brain.
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We met in LSAT class; she was a junior, I was a senior. She was smart (became a nurse practitioner). I was not (became a lawyer).
Dated for six years, going on nine years of marriage and two kids. Time flies when you’re with someone fun!
We met in 5th grade.
Started dating 6 years later…
This picture is from junior prom.
I convinced her to go again a year later.
We dated while at Purdue —
Continued dating during law school.
Married the summer after 1L!
Phew… and that’s the short version…
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Thank your local litigator for this very important message
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My problem isn’t lack of time. My problem is that I refuse to *enter* my time.
Finish this sentence:
My problem isn’t lack of time. My problem is….
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Mediator: Folks, we have a settlement. We’re done here.
Me and my clients in our breakout room:
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What I say: We emphasize efficiency. There’s a ton of work we do that you don’t pay for.
What I mean: I can’t bill you for the hours of crippling anxiety before and after I send any email, file any motion, or give any advice. Every .3 is really a 2.5. You’re welcome.
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Litigation is the Monday of law practice. Everybody dreads it, it feels three times as long as you’d hoped, and it’s inevitable like Thanos
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The partner right before dumping an “emergency” of their own making on your desk
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So I encourage them to put themselves on pleadings. And when filing something they took the laboring oar on, to sign themselves.
Little things matter. Especially when it comes to sharing credit and praise. Do those little things for your team. It matters more than you think. /2
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For too many lawyers, overwork is a badge of honor. It isn't healthy--physically or mentally. Fortunately, this generation of lawyers is getting better about overwork and burnout--we aren't willing to grind away our 20s and 30s for brass rings and fancy things.
All of which why
We are to believe that in 2020, there was an associate who kept an 88-billiable-hour/week pace for the entire year?
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I AM UNGOVERNABLE (unless a partner asks if I have capacity)
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Likewise, there isn’t much training around discovery in law schools (at least there wasn’t at mine). Yet that’s usually the biggest thing you’ll do as a litigation associate. We should fix that. Or abolish discovery. 🤷🏻
There is almost no education surrounding M&A and transactional work in law schools (it would be a dream of mine to build and teach an M&A practicum in schools), so a lot of times new attorneys have asked me how I learn about M&A in the beginning.
Here is what I usually
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Litigators get the worst hellos and goodbyes.
“It’s nice to meet you, although I wish it were under better circumstances.”
The circumstances: a seven figure fraud lawsuit against them and their business.
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Maybe the real treasure was all the hours we billed along the way
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