5 Things I Wish Someone Told Me When I First Became An Attorney

As a part of this series, we had the pleasure to interview Don Marcari.

Don Marcari is the Senior Managing Partner at Marcari, Russotto, Spencer & Balaban. He first gained national attention when his work as a young U.S. Navy JAG defense attorney inspired the motion picture A Few Good Men. For nearly four decades, Don has fought for seriously injured clients across North Carolina and Virginia, trying more than 200 jury trials against major corporations and national trucking companies. In addition to his personal injury practice, Don advocates for veterans through disability benefits and Camp Lejeune litigation, continuing to stand beside those who have served our country.

Thank you so much for joining us in this interview series! Our readers would love to get to know you a bit more. What is the “backstory” that brought you to this particular career path in Law?

I first started out as a criminal defense attorney with the U.S. Navy JAG Corps. When I got out, I started a general practice firm, handling a variety of cases-criminal, PI, domestic, real estate-whatever came in the door. After a few years I realized I enjoyed the civil work the most as it involved a lot of medical issues. (I originally wanted to be a doctor but couldn’t pass chemistry) and have been doing that the last 30 yrs.

Can you share the funniest or most interesting story that occurred to you in the course of your law career?

I’ve had a lot of challenging and interesting cases. The most interesting one was probably my first trial in the USN which became the basis for the movie, “A Few Good Men”.

I was on the JAG Corps mobile trial team, and we were trying cases seven days a week, sometimes ten to fifteen hours a day. You couldn’t ask for better trial experience.

The case involved a “code red” at Guantanamo Bay. Ten Marines were charged with attempted murder after a fellow Marine was tied up and gagged. I represented Marine Lance Corporal David Cox, who maintained throughout that he was simply following orders. Of course, there was no dramatic “You can’t handle the truth!” moment like in the movie — that’s Hollywood — but the jury ultimately agreed Cox had followed an implied order. He was found guilty only of simple assault and was allowed to remain in the Marine Corps.

What I didn’t know at the time was that screenwriter Aaron Sorkin’s sister was a Navy JAG officer who had been involved in the case, and she’s the one who told him about it. The rest is film history.

What are some of the most interesting or exciting projects you are working on now?

We are heavily involved in the Camp Lejeune litigation. There are many challenging issues regarding the government’s knowledge of the contaminated water, the proximate cause of certain diseases and when the service members or their families might receive compensation for their injuries given the backlog in the judicial system. I have several death cases against large trucking companies that involve issues of negligence and the interplay between family members and who should be paid.

What are some of the most interesting cases you have been involved in? Without sharing anything confidential can you share any stories?

Beside the case that became the basis for “A Few Good Men”, I handled a case where a sailor was ‘’catfished” and killed someone and the Navy was seeking the death penalty. Another was a tire tread separation/rollover case against one of the big car/tire manufactures’ where several young service men were killed. I’ve handled cases against several of the “Big Box” stores where clients were seriously injured due to defective products or procedures.

Which people in history inspire you the most? Why?

George Washington stands out as one. He led the American Revolution against overwhelming odds and then walked away from the military at the height of his power. He only served two terms as President. He put the Country’s needs above his own. He is a model all our politicians should emulate.

What advice would you give to a young person considering a career in law?

Be ready to work a lot of hours, never take shortcuts and do the best job you can for the client you are representing. Sometimes you’re the only “friend” they have.

If you had the ability to make three reforms in our judicial/legal system, which three would you start with? Why?

I would not have lifetime appointments for federal judges limiting their term to perhaps ten to fifteen years. I would have Judges hear cases in which they had specialized knowledge, i.e. criminal, civil, construction, engineering, etc. In civil cases, I would give the jury as much information as possible instead of limiting the things they’re allowed to know i.e. insurance coverage, prior negotiations etc.

How have you used your success to bring goodness to the world?

I hope that I have been able to treat every client as if they were a family member and never take a shortcut in my representation of them while being totally honest and giving them my best legal advice. In short, I hope I’ve been able to reduce the stress of being involved in the legal process.

I know this is not an easy job. What drives you?

Being able to make a difference in someone’s life. Every client comes to you with some type of background or history that makes them who they are. So, trying to understand that person and help them navigate the legal system to the best of my ability.

What are your “5 things I wish someone told me when I first started” and why? Please share a story or an example for each.

1. That you will work long hours

The law is not a 9–5 job. In preparing for trials I regularly worked nights and weekends.

2. That the law is a profession, but also a business

I know many good lawyers that are in financial trouble because they don’t run it as such.

3. You have to listen and understand your client

Trying to understand that person and help them navigate the legal system to the best of my ability is key to successful representation.

4. Find an area of the law that you truly enjoy

I handled criminal cases for a number of years until I started having children. It opened my eyes to the bad things that people do to each other and switched over to civil work.

5. Don’t be a litigator unless you truly like being in the courtroom

And if you go there, be qualified and prepared. Many lawyers go to the courtroom and do not know the rules of evidence, etc.

We are very blessed that some of the biggest names in Business, VC funding, Sports, and Entertainment read this column. Is there a person in the world, or in the US whom you would love to have a private breakfast or lunch with, and why? He or she might see this. 🙂

Bill Belichick. I coach football and love the sport. Coach Belichick has been successful on a number of different levels and in a number of different positions. I would like to find out how he motivates and coaches his players.

Thank you for sharing these insights!

About The Interviewer: Eric L. Pines is a nationally recognized federal employment lawyer, mediator, and attorney business coach. He represents federal employees and acts as in-house counsel for over fifty thousand federal employees through his work as a federal employee labor union representative. A formal federal employee himself, Mr. Pines began his federal employment law career as in-house counsel for AFGE Local 1923 which is in Social Security Administration’s headquarters and is the largest federal union local in the world. He presently serves as AFGE 1923’s Chief Counsel as well as in-house counsel for all FEMA bargaining unit employees and numerous Department of Defense and Veteran Affairs unions. While he and his firm specialize in representing federal employees from all federal agencies and in reference to virtually all federal employee matters, his firm has placed special attention on representing Veteran Affairs doctors and nurses hired under the authority of Title. He and his firm have a particular passion in representing disabled federal employees with their requests for medical and religious reasonable accommodations when those accommodations are warranted under the Rehabilitation Act of 1973 (ADA). He also represents them with their requests for Federal Employee Disability Retirement (OPM) when an accommodation would not be possible. Mr. Pines has also served as a mediator for numerous federal agencies including serving a year as the Library of Congress’ in-house EEO Mediator. He has also served as an expert witness in federal court for federal employee matters. He has also worked as an EEO technical writer drafting hundreds of Final Agency Decisions for the federal sector. Mr. Pines’ firm is headquartered in Houston, Texas and has offices in Baltimore, Maryland and Atlanta, Georgia. His first passion is his wife and five children. He plays classical and rock guitar and enjoys playing ice hockey, running, and biking. Please visit his websites at www.pinesfederal.com and www.toughinjurylawyers.com. He can also be reached at er**@**********al.com.