In mid-March this year, the Forum held its very popular, biennial Trial Academy in Dallas, Texas, where seasoned construction litigators shared their lessons learned with very enthusiastic lawyer and expert attendees. My firm sent two of our younger partners to the last academy and their stories consumed many a lunch hour. Given scheduling conflicts, faculty members routinely rotate on and off. During one of our planning calls, I was asked to join as a rookie faculty member. I answered affirmatively, but only after learning that my rookie class included Allen Estes, Arlan Lewis, and Lu Prats. A fleeting thought crossed my mind that selfishly, just maybe, I may learn a thing or two from these litigators.
About six weeks before the Academy began, I received the case materials that strikingly resembled a similar fact pattern that occupied a place on my desk for several years. One weekend I dove into the voluminous materials because our co-chairs assigned me the mock direct examination of a fact witness and salivating, ready to conduct a vicious cross-examination was my friend, Arlan. Knowing that one of your friends in the Forum sits in the opposing counsel chair will motivate even the busiest construction litigator to ensure that the encounter teaches the students the “ins and outs” of preparing for direct examination.
Eventually, we arrived in Dallas and walked through the expectations for the faculty and planning committee. As is typical for all Forum meetings, we met the attendees at a cocktail party. The enthusiasm sprinkled with trepidation consumed many a conversation. The following day after eating breakfast and getting through security at the courthouse, the real learning began. I took more notes and read more of the case materials with each passing moment. I listened and observed each of the students and from time to time offered support and constructive criticism. Nuggets of wisdom flowed freely. Each attendee believed in the process realizing the opportunity given them to practice and try new things. The opportunity was not lost on me as I learned why the First Lady of the Forum, my wife, Tracy, continues year after year to educate her students. Looking back at the performances from day one to after the mock trials revealed how much the participants had grown in confidence and skill. Like a proud parent, it was extremely difficult to craft the jury award. Everyone earned and deserved their time in the spotlight of trial.
The Forum truly does live its mission to build the best construction lawyers. The Trial Academy is living proof of creating a safe space for construction litigators to learn from the “gray hairs” in a courtroom environment with real-world issues affecting many construction projects.
After returning from Dallas, the lessons continued as the work of your Chair was not yet done. My Annual Meeting team continued to plan Episode III, the epic conclusion of our construction trilogy focused on the constructors returning to Austin, Texas. Besides all the edits of papers and presentations to ensure the quality of our programming, I felt compelled to ensure that my wardrobe was Forum-ready for Austin. After speaking with our Texas-based marketing representatives, Stephanie Cook and Amanda Istre, I strode comfortably into Cavender’s Boot City and selected a belt to proudly display a buckle purchased at the Houston Rodeo, some dressy Western shirts and, channeling my favorite Dutton, a Yellowstone actor Luke Grimes felt cowboy hat. Hopefully, my wardrobe updates set the tone for a spectacular Forum experience for our over 500 registrants.
In anticipation of the Forum’s 50th anniversary celebration, I tapped our Immediate Past Chair, John Cook, to lead an ad hoc committee to review and propose necessary changes to our Forum’s bylaws to ensure that our organization is well-positioned to navigate the next 50 years. The Forum owes a debt of gratitude to Past Chair, Jim Scott, who developed the original bylaws adopted by the then-Governing Committee in the early 1990s that have since remained mostly unchanged.
Help me continue the hard work and high standards set by our predecessors in the Forum. I challenge each of you to be adventurous and develop a new skill. Attend a national meeting. Join a division call. Volunteer to speak or write an article for our Forum periodicals. Learning never ends and practice can make perfect. Again, help me build the best construction lawyers. The Forum will change you. I know that it changed me.