Joe Pesci, playing one of those big city lawyers in “My Cousin Vinny,” getting on the last good nerve of local judge Chamberlain Haller (Fred Gwynne).
The legal profession is set up to be relatively territorial because attorneys are licensed to practice law in certain states and cannot ordinarily offer services in locations where they are not licensed. However, even among lawyers who are admitted to practice law in a given state, lawyers can be relatively territorial about out-of-town attorneys who come to their areas to provide services. Although we can kind of understand lawyers wishing to protect local legal work, being hospitable to out-of-town lawyers can be a profitable move in many circumstances.
I first became aware of the territorial nature of the legal profession when I was a “road lawyer” spending 70 nights a year in hotels working on mass torts matters earlier in my career. In this role, I had to travel all over the states in which I practice law — sometimes to locations throughout the East Coast. Many of the local attorneys I met were extremely nice to me, and I had some amazing dinners and evenings out with local counsel I met along the way. This is especially true when I traveled to more rural areas, and the lawyers applied their country hospitality to our professional relationship.
However, some of the lawyers did not appreciate out-of-town attorneys coming into their areas to practice law. Some attorneys would lord over the fact that they knew special procedures in the area in which they practiced and had relationships with judges and other attorneys in the area. Since the terminology of practice varies somewhat from jurisdiction to jurisdiction, some attorneys would jump on other lawyers who did not use the correct verbiage to describe a situation. Again, most lawyers welcomed out-of-town lawyers, but there was sometimes friction with lawyers who swooped into an area to handle a matter.
This phenomenon is not restricted merely to litigation either. I have completed many real estate closings over the years, mostly in the area around my home and office. On occasion, I conducted closings in locations that were not in my exact geographic area. Of courses, procedures are different in every jurisdiction when it comes to closings, the filing process for documents related to closings, and some of the responsibilities that are related to closings.
Some local counsel expressed frustration at even the slightest sign of unfamiliarity with local issues. This extended to bank attorneys, title professionals, and other parties involved in the closing process. Of course, most of the time people were courteous and were more than happy to help an out-of-town lawyer, but in other instances, there was friction because an out-of-town attorney was handling a matter.
Judges and court officers can also sometimes be hostile to out-of-town lawyers who come into their venues in order to argue matters. Indeed, there is a trope in many movies and television shows about the “big city lawyer” who needs to argue matters in a country court, and the judges do not appreciate the tactics of such attorneys. Perhaps judges are a little hostile to outside lawyers because of a desire to protect a local legal community, which is understandable.
There have been a few instances in my career in which judges seemed overtly hostile to out-of-town lawyers. One time in my career, I was in a court on a case that involved numerous defendants. One of the defendants’ national counsel flew up from far away to argue a matter. The judge made a joke that it was odd that the lawyer had to make the trek when there were numerous lawyers in the area who could have handled the work.
Another time, I was at a conference with a bunch of lawyers, and a judge lamented the fact that out-of-town lawyers wished to stay in chain hotels farther away from the courthouse during trials than at smaller hotels closer to town, which could have supported local businesses. I do not think this judge understood that the lawyers were probably just trying to score travel points they could use on vacations with their families. I have also seen judges in New York City be chummier with attorneys who live in the borough where the court is located and who they otherwise see more often than lawyers who work elsewhere.
It is unfortunate that lawyers are so hostile to out-of-town attorneys because being hospitable to such counsel can help expand one’s practice. Indeed, there are always times when it is not worth the drive or flight to perform legal work outside of one’s usual area of specialization, and in such instances, work can be delegated to local counsel. By building relationships, local counsel can also have trusted lawyers available to help clients who may need an attorney in another area.
All told, lawyers, like other professionals, can be somewhat territorial at times because lawyers may feel threatened by out-of-town attorneys taking work away from local counsel. However, being hospitable to out-of-town lawyers can help attorneys expand their practices.
Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.