Boston Bar Association

Elena Tsizer, Esquire - Law Office of Elena Tsizer, LLC
“One of my favorite underdog stories comes from The Rainmaker, a 1995 novel by John Grisham.  Rudy Baylor, who just recently passed the bar, goes up against a group of experienced and ruthless lawyers from a large firm, who represent a large insurance company.  A forced-to-go-solo newcomer wins a $50.2 million jury verdict for a poor couple, whose son died of leukemia because the insurance company did not want to pay for bone marrow transplant.  Every time when I re-read the book or catch the movie with a great cast headed by Matt Damon and Jon Voight, my faith in our profession and in my choice of being a solo practitioner is renewed all over again!”

Bill McLeod - McLeod Law Offices, PC
"The movie Happy Gilmore: Besides that hilarious fight scene with Bob Barker, Happy is trying to save his grandmother's house which is at risk of being seized by the IRS for failing to pay taxes. The only way our hockey playing hero can save it is if thinks outside the box.  He does, the bad guy loses and in the end, all is well... except for Bob Barker, who I've never been able to look at the same way since seeing it."

Patricia A. Washienko, Esq. - Freiberger & Washienko, LLC
"My partner, Marc Freiberger, and I were negotiating a settlement/severance package for our client – a wrongfully terminated employee. On behalf of his client, opposing counsel, who was from a national law firm, offered a six month severance package.  Our client declined.  Opposing counsel was incredulous that our client would turn down the offer and asked, in a tone of voice that was hard to hear as anything other than patronizing, 'tell me the last time you got a $200,000 package for your client.'  We were met with dead silence when we informed him that the case we had resolved in the previous week had settled for five times that amount plus the employee's reinstatement.  Happily, the matter resolved on more appropriate financial terms, and we now get referrals from the attorney."       

Jared D. Correia, Esq. - Law Office Management Assistance Program
"Of that category of human interest stories falling under the heading of David v. Goliath, perhaps my favorite such story (which also represents something of a reversal of the traditional tale), is that of 'Buddy the Goon', protagonist of Warren Zevon's 'Hit Somebody! (The Hockey Song)', from Zevon’s album, 'My Ride's Here'.  Buddy rises from obscurity, a Canadian farm boy from Big Beaver, Saskatchewan, who becomes the most celebrated (or, at least, the most infamous) of professional hockey’s enforcers.  But, all Buddy wants to do is score a goal--just one damn goal.  I won't ruin the ending for you, but Zevon plays it finely, presenting a finish on the order of Dickens' 'Great Expectations'.

Two interesting notes about this song: It was co-written by Mitch Albom, of 'Tuesdays with Morrie' fame.  David Letterman provides the recurring 'Hit Somebody!' vocal."

Joseph M. Griffin Jr. - Joseph M. Griffin Jr., Attorney at Law
One of my favorite underdog stories has to be a case that I hope Attorney Corso will speak about at the program on the 16th. His representation of Ulysses Charles, who spent 18 years in prison after being convicted of a horrific triple rape, only to be later freed via DNA evidence. Attorney Corso's representation of Mr. Charles helped to exonerate him in the first such trial of its kind in the Commonwealth. In doing so, Attorney Corso was opposed by the Attorney General's Office and the City of Boston. It was a case with a lot of moving parts and very high stakes - and Attorney Corso, a solo practitioner, was very much alone.

Dana A. Zakarian - Nystrom Beckman & Paris, LLP
After spending my first 6 years of practice in the litigation department at Goodwin Procter, I decided that it was time for a change.  So in 2004, I responded to an ad in Lawyers Weekly for a new litigation firm, Nystrom Beckman & Paris LLP.  When I joined NBP, we had only four attorneys (but have since grown to 11).  So I literally left Goliath to work for David.  At NBP, I have litigated against many big firms (as well as a number of smaller and mid-sized firms and solo practitioners).  And what I have learned is that the way attorneys handle their case is dictated more by their personality and style than by the size of their firm (or their client).  My father (Al Zakarian, who is a successful trial lawyer at a large Connecticut firm) once told me not to worry about opposing counsel who pound their chest or pontificate about themselves or their firm.  Rather, lawyers who dwell on the facts of the case are the most dangerous adversaries.  My mentor at Goodwin Proctor (John Kenneth Felter) echoed this sentiment and constantly reminded me that facts win cases.  So what does all of this mean?  In my humble opinion, lawyers should not worry about whether they are “David or Goliath” and focus more on the facts of their case.  That is not to say that resources never make a difference in a case - - they do.  But part of effective advocacy is knowing how to dodge Goliath’s giant swings and position yourself so that you have a clean sling shot using the facts.