ELIZABETH SMILEY

Sponsored by RebuttalPR

Can you tell us a little bit about yourself and your background in the law?

I’m from Arizona originally. I went to the University of Arizona for my undergrad and law school, and then I moved out to LA. I clerked for a little bit and then joined Baron & Budd, and here I am.

What inspired you to join Baron & Budd, and specifically to be on the plaintiff’s side of things?

The plaintiff’s side kind of found me. In law school, I had a lot of mentors and coaches who were in public defense, and I did that for most of my law school work, clerkships, and things like that. After that, I moved to LA and ended up being a clerk in the personal injury courts.  In that role, I learned a lot about personal injury and the plaintiff’s side.

I had also taken a course on class actions in law school, and that was my writing sample when I was applying to firms. Then I got connected with Baron & Budd, the interview went well, and it ended up being the perfect place for me.

What do you focus on most in your day-to-day at Baron & Budd?

The day-to-day just depends on what case we’re working on and what stage of the case we’re in. My practice area is consumer protection, so we represent a lot of states, counties and cities against companies for the fraud they commit against consumers. With that, it’s client calls, depositions, reading documents and other ad hoc tasks throughout the day.

Knowing that you’re usually working with these larger groups of people, can you share a case that had a significant impact on you professionally or personally, and what that was like?

One of the first cases I worked on was a case we did for the Hawaii Attorney General. It was about a drug called Plavix, which is a heart medication. What we alleged and showed at trial was that the medication didn’t work for a certain percentage of the population, and the company knew that but continued to sell it without warning anybody.

That case was really interesting because I not only got to be there for the first trial and be on that trial team, which we had to do over Zoom because it was 2020, but then the case got overturned on appeal because of a summary judgment issue, and we had to retry it. So I got to see it through not one but two trials and also take it all the way up to the Supreme Court and back. Getting to see that full life cycle of a case was really informative and interesting, and I learned a lot about what it means to do every different part of a litigation.

Knowing what you know now, what would you tell someone who’s considering a career on the consumer protection side of things?

It’s a great area. You get to really dig into some of the bad conduct that happens in our society and with businesses. But you can also see that there are people trying to do the right thing, either in their companies or trying to protect consumers, so it’s nice to see both the good and the bad.

I think it’s a really interesting area to be in because you get to learn so much about different industries. I’ve learned about bulletproof vests. I’ve learned about pharmaceutical drugs. I’ve learned about warnings on pharmaceutical drugs. There are so many things you get to learn.

Your clients are different from a personal injury client, but building trust is super important in any client work. How do you approach building and maintaining trust with your clients, especially when something is emotionally charged or adversarial?

Something that’s really important with clients, especially the type of clients I deal with, is getting to meet people in person and having a little bit of time outside of the office or the meeting room. Sharing a meal, going to happy hour, something where you can actually connect and talk to people. So much of my work is with people across the country, and getting to actually meet people is hard beyond being on a Zoom screen.

When you get that face-to-face time, you get to understand them better, they get to understand you better, and I think you just have a better working relationship moving forward. That’s happened to me time and time again. So as much as possible, I really like to go to where the client is, meet with them, work with them, and build those relationships in that in-person setting. I think it’s really important.

What are some of the challenges you’ve faced as a female attorney in this field, and what strategies have you used to overcome them?

I think some of the hardest times for me have been being the only woman in the room. I’ve had that at trial, with a team of ten other attorneys where I’m the only female.

It was definitely difficult at times. Everyone I work with is great, and I love working with them, but you need that sisterhood bonding at different points. One of the things I really learned was to find those moments of connection with other female attorneys, even if they’re not on your side.

I was at a hearing in Detroit, and there were three women in the room: me, someone else from my team, and the lead attorney on the defense side. She made a point to come over and talk to me and the other attorney on my side, who were both younger, newer attorneys, and compliment us. She said, “Hey, good job. Glad that you guys are out here doing this.” It was such a great moment. It was, “No, we’re all in this together, regardless of what side we’re on.”

I’ve taken that and used it too. When I see other attorneys who are maybe doing something for the first time, and it’s clear they really want to keep doing it, I’ll email them and say, “Hey, great job. Great to see you in the first chair seat.” Little moments of connection are really important for all of us, and they really help make you feel less alone when you are the only woman in the room.

Are there any mentors or role models who have been pivotal in your career, and how have they influenced your professional path?

I can’t say there’s one specific mentor or coach, but I’m really grateful to have done mock trial through the American Mock Trial Association when I was an undergrad. That taught me so much, not just about how to be an advocate and how to do a cross or a direct, but how to work in a team and build things together. It was a great experience to be with people who were so dedicated to what they do.

It also extends beyond that. Today, I’ve asked people I know from college mock trial and that circuit for help covering a deposition and things like that. It’s been great to have that network, and also to have gotten such great training and development through that process. I think it was really pivotal for me, telling me I wanted to be a lawyer, but also that I had the skills when I got to being an actual attorney.

Balancing work with personal life can be challenging in a demanding field like this. How do you manage that balance, and what advice would you give to others in a similar position?

The thing I love about plaintiff’s work is that it’s cyclical. There’s the beginning of the case, where maybe you’re doing crazy discovery, but you’re not traveling to depositions or spending a lot of hours prepping for trial.

I’ve definitely learned in my career that in the light times, you take advantage of the light times. You see friends more than you normally would, or you go on that vacation. Then when you get to things like trial or a busy motion season, you buckle down and lock in. You just have to take it as it comes. While you won’t have balance every single day, I think it’s more fun that way, because you have seasons. I grew up with seasons, and I love having a busier time and then a more laid-back time in my life. To me, that’s great balance, and I really enjoy it.

What aspect of your work are you most passionate about?

I think what I’m most passionate about is trial. I really love the puzzle of figuring out how to best present the evidence in a way that somebody who’s never heard of the case can understand it.

But I’ve been having a lot of fun with depositions recently, because it’s like trial. You have to lay everything out, get the questions you want, and design the questioning in the way you think best suits the case. But you get a free pass. You can ask all the bad questions, and sometimes you land on really good answers, even when you ask questions you would never ask at trial because they’re too scary. So the whole questioning process is my favorite part. I just love the game and the mental part of trial and depositions.

You mentioned women in this field needing a sisterhood. How did you come across the Society of Women Trial Lawyers, and why is it important to you?

I found the Society of Women Trial Lawyers when I needed it most. I was feeling a little bit lonely in terms of work and was trying to find more connections. I was Googling and came across the Society of Women Trial Lawyers, and I thought, “Oh my god, I’m a trial lawyer, I’m a woman, I can do this.”

I went to one of the conferences, and it was great just to know I wasn’t the only woman out there doing all of these things. There were other women doing even more incredible things and really doing great work and getting to learn from them and hear from them was an important point for me. I got that connection and found people who were doing the same type of work I was doing.

Are there any other organizations you’re involved in that you think are valuable for young women trial attorneys?

I did a little bit more before COVID, but I’ve been involved in WLALA, the Women Lawyers Association of Los Angeles. I’ve gone to many of their events. They have great events, so I like doing that.

Other than that, I also coach UCLA’s mock trial team. I love supporting all my students, but it’s especially great to help my female students learn and grow, learn about confidence and how to portray themselves, and see that they can do this too.

Looking at your career so far, what accomplishments are you most proud of?

The accomplishments I’m most proud of are what seemed like very small things but felt really big in the moment. One of the things I like to tell new attorneys is to always just ask for what you want, because it’s made such a big difference in my life.

The first time I asked to be part of the deposition process and take depositions, that one question literally changed the entire trajectory of my career, from being more writing-focused to being more litigation-focused. Then there was asking for the first time to take a witness at trial, and, as the most junior member on the team, asking, “Hey, why aren’t we doing this motion?” Even if you don’t think you’re the right person to be putting that forward, when I’ve done that and we’ve gotten a great ruling, it’s been a really nice feeling of, no, I can assert myself and ask and do these things. It felt scary at the time, but I’m glad I did it. That felt like a big accomplishment for me, and it has done a lot for my career.

Are there any big goals you’re working toward?

I think I’m just trying to make more connections and meet more people. I like my work and I like doing what I’m doing, but there are so many great people out there doing other great work. I’d love to connect more and see what everyone else is doing.

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DEENA BUCHANAN