As I listened to the nationally televised oral arguments last week in the case of Washington v. Trump, No. 17-35105, (9th Cir. Feb. 7, 2017), I reflected on the enormity of the moment for young lawyers.  Representing the State of Washington was solicitor general Noah Purcell, a 37-year-old attorney who has been been out of law school for fewer than 10 years.  For perhaps the first time in history, over 137,000 people listened to a live oral argument. While high profile trials commonly attract a high number of viewers, it was rare for an oral argument, which tends to be more academic in nature than a jury trial, to attract so much interest.  It was only fitting that the millennial generation tuned in to the oral argument in large numbers, generating the Twitter hashtag “#9thCircuit.”

Politics aside, it was refreshing to see a young lawyer skillfully argue a position on a national scale. His former teacher and mock trial coach, Rick Nagel, told a local news station he saw something special in Purcell.  “His strengths are extraordinary — writing ability, preparation that leaves no stone unturned,” Nagel said. “You better believe I was proud of him.”  (http://q13fox.com/).  Although clearly outmatched in terms of years of experience, Mr. Purcell approached the preparation in a way that closed the experience gap, clearly following the advice from the Florida Bar Young Lawyers Division Blog; Facing the More Experience Opponent.

Fortunately for young lawyers, it seems that the judiciary is increasingly encouraging them to argue cases and gain experience.  According to Law360.com[1], on February 3, 2017, U.S. District Judge Lucy H. Koh asked Uber Technologies Inc. if it would be willing to let a younger attorney argue motions that would end a location-detection patent suit, calling to boost associates’ experience on high-stakes filings.   Former U.S. Magistrate Judge Paul S. Grewal, who now works in-house at Facebook Inc., a year ago urged veteran trial counsel in a trade secrets suit over memory chip designs to allow younger attorneys to argue in a slew of post-trial motions, saying that the associates who had “contributed mightily to this difficult case” deserved a chance to develop their skills.  Last August, U.S. District Judge William Alsup asked counsel for Google Inc. and Oracle America Inc. to keep in mind the need for “the next generation of practitioners” to provide arguments and gain courtroom experience. “The court will particularly welcome any lawyer with four or fewer years of experience to argue the upcoming motions,” the judge said in the order.

Although not all young lawyers will be given these judicially-encouraged opportunities, there are still plenty of ways for young lawyers to gain courtroom experience.  From volunteering to second-chair a trial with a senior partner, to handling a pro bono criminal case, to volunteering to represent a victim of domestic violence in an injunction hearing, the opportunities are out there.   It is up to our generation to seize those opportunities and recognize that we can go toe-to-toe with more experienced lawyers—if we only look in the right places, step outside of our comfort zones, and, like Noah Purcell, use extensive preparation to close the experience gap.

Andrew is an attorney in Palm Bay, Florida for Alpizar Law, LLC, focusing his practice in the areas of personal injury and wrongful death.  Andrew serves as an elected representative on the Florida Bar Young Lawyers Division Board of Governors for the Eighteenth Judicial Circuit.

[1] https://www.law360.com/articles/888871/judge-koh-asks-uber-to-let-young-attys-argue-patent-case