May It Please the Court!From Auto Accidents to Agent Orange:
Building a Storefront Law Practice into
America's Largest Suburban Law Firm
Leonard Rivkin
with Jeffrey Silberfeld
Carolina Academic Press
Durham, North Carolina
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Ch. 2 - Leonard Rivkin - Attorney at Law - First Job!
The King of Brooklyn City Court
Irving Josefsberg was a successful trial lawyer whose specialty was personal injury. His
typical case involved an automobile accident, a slip and fall, or a defective product. He always
represented the plaintiff, that is, the person who was injured. Since his clients often suffered relatively
minor injuries, Irving litigated many cases in Brooklyn City Court, where jurisdiction was limited to
claims of $3,000.00 or less. In fact, he tried so many cases in that forum that he became known as
"The King of Brooklyn City Court."
But Irving also tried his share of major personal injury cases where the damage claims were
far in excess of $3,000.00. He litigated those cases in the New York State Supreme Court not only
in Brooklyn but throughout the metropolitan area.
Irving was about 40 years old when I first met hint He was tall and heavy set, always puffing
on a big, black cigar. He smiled and made friends easily and was very charming and eloquent. As
a result, juries loved him.
The local judges loved him, too. Like Irving, most of them were from Brooklyn. He knew
them all on a first name basis.
Irving's practice was a two-man operation. Irving handled all court appearances and his
associate did everything else, which included pleadings, motions, and examinations before trial.
At my interview, Irving told me that he had received dozens of responses to his ad, that he
was looking for a clerk to do his "gofer" work, that I was one of several candidates being
interviewed, and that one of the candidates was his own nephew.
Much to my surprise, Irving called me about a week after my interview to offer me the job.
I wondered what had happened to the nephew, or whether there even was a nephew, but didn't
bother to ask. The job paid $25 per week, a decent wage in those days. I wasn't sure that I wanted
to be a plaintiffs personal injury lawyer, but it was a job, so I took it. I started in the spring of 1949.
* * *
The defendants in Irving's cases were usually represented by lawyers selected and paid for
by the defendant's liability insurance company. The insurance company was not actually a named
defendant. In automobile accident cases, for example, the named defendant was the owner of the
vehicle or the driver; in slip and fall cases, the named defendant was the owner of the property, or
the tenant, or the person otherwise responsible for the condition which caused the accident. But the
standard automobile or homeowner's insurance policy, then as now, usually obligated the defendant's
liability insurer to pay defense costs in any suit against the insured as well as the amount of any
judgment or settlement. Thus, the insurance company hired and controlled the defense attorneys and
had ultimate settlement authority. We dealt with insurance adjusters more frequently than we did
with other law offices.
Irving was in court almost every day, arguing a motion, attending a conference, selecting a
jury, or conducting a trial. He started as many as two trials per week. Some he tried all the way to
verdict; others he managed to settle while the trial was in progress.
Every day that Irving went to court, I went with him. Since court usually convened at 10:00
a.m., we would meet in his office at 8:00 a.m., prepare the necessary ffles, and then walk or ride to
the courthouse. I watched him select dozens ofjuries, attend dozens of settlement conferences, argue
dozens of motions, and try dozens of cases. I watched him make opening and closing statements,
conduct direct and cross examinations, and make objections. When Irving sat at counsel table, I sat
next to him. When he met with the Judge in chambers, I was there. When he prepared his witnesses,
I was there. I watched him work against different defense attorneys before different judges in
different courts in Brooklyn, Manhattan Queens, and the Bronx.
It is impossible to overstate how much I learned from Irving Josefsberg about trial work: how
to conduct a smooth, compelling direct examination; how, on cross-examination, to create doubts
about an adverse witness's testimony; how to read a judge or a jury; how to tell if an insurance
adjuster's "last" offer really is just that. It is also impossible to imagine any other scenario where I
could have learned all of these things more quickly. Remember that I was in court almost every day
watching an experienced and highly skilled trial lawyer ply his craft. Had I been working for a Wall
Street firm, I wouldn't have seen the inside of a courtroom for years. Had I been working on my
own, quite possibly I wouldn't have had any clients for years.
But I learned far more from Irving than the "how to's" of trying a case; I learned about the
exhilaration and excitement that is an inevitable part of the life of a trial attorney. I entered law
school almost on a whim not knowing what direction my professional life would take. Working for
Irving Josefsberg, I discovered the answer.
* * *
On My Own
When I was growing up, I often heard my mother say that no matter what you do for a living,
they can never fire you if you are your own boss. I took those words to heart and left Irving's office
after working there for about one year. I decided that the time had come for me to go out and try
things on my own.
While working for Irving, I had managed to squeeze in the time to take bar review courses
and ultimately sat for and passed the New York State Bar Examination. It was shortly after I was
sworn in as a member of the New York Bar, which occurred in March of 1950, that I told Irving of
my intention to leave. He wished me well and off I went.
to chapter 3....
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