Season 2: Episode 4: Evelyn Y. Riley
Evelyn Y. Riley, Counsel, Cozen O’Connor
Evelyn Y. Riley
Counsel, Complex Litigation, Cozen O’Connor
This is a story of transformation: an IP lawyer turned BigLaw litigation counsel.
When Evelyn was pursuing her specialized LL.M. in intellectual property, she planned on becoming an IP lawyer. Fate had other plans for her. Her pivotal career moment came through a judicial internship at the Chief Judge’s chamber at the U.S. Court of Appeals for the Federal Circuit. The judge was one of her professors she took classes from. She ended up being the sole judicial intern selected by the judge from the LL.M. Program. The prestigious internship served as a launching pad for her next job in antitrust litigation, even if she had not taken any antitrust courses in law school. Today she’s at Cozen O’Connor, specializing in complex litigation.
How did she stand out among other candidates and secure the prestigious judicial internship? How did the internship lead her to her first permanent position in antitrust litigation? What are the essential skills employers are looking for when hiring internationally trained lawyers? What’s the one thing internationally trained lawyers should do during law school besides studying?
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You are a litigator doing complex litigation. Tell us about your work?
Before I joined law firms as a litigator, I had all these imaginative notions about what lawyers, especially trial lawyers, do in court from all the American TV shows I’ve consumed. I envisioned myself standing before a judge and boldly declaring, "Objection!" While I have indeed done that, the reality is quite different from what we see on TV. It's far less glamorous and entails significantly more behind-the-scenes work. In my day-to-day job, I find myself immersed in reading extensive case files, addressing my clients' daily issues, and meticulously dissecting the facts and legal intricacies.
I must strategize on how best to resolve these problems, considering whether court action is necessary and if so, planning and managing the litigation process. This often involves drafting motions and keeping an eye on deadlines and details. If you aspire to be a litigator, you must be prepared for the relentless demands, hard work, and the need to stand your ground. If you're not someone who can handle constant challenges, this may not be the right career for you.
Your first job was doing antitrust litigation. Did you take any Antitrust courses during your LLM year?
No, I didn't have any prior antitrust experience before I was offered my first job. I essentially learned on the job, and personally, I believe that's one of the most effective ways to acquire expertise. The LLM program I attended was relatively brief, with a specific focus on Intellectual Property. Initially, I had contemplated delving into areas like copyright, patent, and trademark law, which I found fascinating. However, I lacked a technical background, so that plan didn’t work out for me. Consequently, I had to explore a wider spectrum of legal fields. As luck would have it, the law firm I joined had a distinct focus on class action antitrust litigation, particularly on the plaintiff's side. Thus, I found myself immersed in this area and proceeded to learn through hands-on practice, steadily improving my skills along the way.
How did you get your first job in the United States?
About 10 years ago, I vividly recall interning in the chamber of a former Chief Judge at the Federal Circuit Court. After I graduated from George Washington University with a LLM degree. I was actively seeking employment opportunities.
I didn't specifically choose that practice area; it was the firm I joined that had a focus in antitrust litigation. I found myself tasked with conducting research and handling litigation cases within that domain. As for how I secured the job, it came about as I was actively job hunting. I would say it was largely a matter of luck that I landed an interview, likely because I was one of the first or second applicants to apply.
One day, while perusing the internal job posting on GW website, I stumbled upon a position for antitrust litigation associate. I submitted my application within an hour of its posting. Fortunately, I was selected and promptly scheduled for an interview the following day. I was given a second round of interviews shortly after, before ultimately securing the job.
Could you tell us more about how you got hired for your judicial internship?
I don’t know about the situation now but back then; we were informed that securing a clerkship – a paid position within the federal government and federal courts – was nearly impossible for LLM students. With state courts, it might be feasible, but still challenging for LLMs.
The judge was my professor in one of my IP classes. I liked the class because of the judge’s passion for teaching and his strong rapport with both GW and its students. I'm confident that many of my classmates shared this sentiment, as they all aimed to secure a spot in his courtroom.
I would say there's a better chance for LLM students to secure judicial internship, paid or unpaid. I think it’s attainable if you actively engage with your school's career development program, network with your professors, and maintain connections with individuals crucial to accessing these opportunities.
From your own assessment, what made you stand out among all the other candidates who were applying for the judicial internship position, which essentially leads you to your first job?
I believe that all the applicants were quite intelligent and motivated. It's worth mentioning that, before I delve into that, our professor for one of our IP courses happened to be the former Chief Judge, which undoubtedly gave us an advantage in the competition. Even for an internship, the role was highly competitive, with numerous individuals competing for the opportunity to intern in his chamber. Not to mention the incredibly long line of applicants for the clerkship, making it even more challenging to secure.
In my case, I believe what I did right was maintaining a strong connection with his office manager and continually advocating for myself for that position. Additionally, I had valuable prior experience with a bar association affiliated with the court. I was active in the Federal Circuit Bar Association as a law student. I had interned there just before my internship with the court, which further bolstered my qualifications.
My first job wasn't directly related to my internship at the Federal Circuit. However, firms often place substantial value on the experience you gained while working with a judge. This became evident when I asked my employers what they considered essential in my application. They emphasized the quality of my English skills, but they also highlighted the prestige of interning with a Chief Judge's chamber. It essentially served as a strong credential, an endorsement from a highly esteemed legal mind.
You have the track records of getting hired for competitive judicial internship and later permanent positions at BigLaw. What do you think the employers are looking for when they hire internationally trained lawyers like yourself?
There are two aspects to consider when addressing this question. Firstly, what are employers seeking when they evaluate internationally trained LLM students like us?
We come to the U.S. and we study law here. We may be expert in the area where we practice back in our country, but here everything is new. So when they look at us, they wouldn't be thinking I'm hiring an expert of the U.S. law. If they want to use you for the U.S. practice, they're looking at someone new without much experience. So the first thing they look at is if you understand the basics of law; if you have the fundamental skills. Your language skills; if you can write well; if you can speak well; if you can work with people; communicate; if you can work with a team; if you can manage a busy work schedule; and to prioritize. You have to show your capability. You have to work hard and produce good work products to build up a reputation of your own.
During this process, we should strive to make the most of our time, learn, improve, and continue producing outstanding work. Regarding how to become an expert in your field, a genuine interest in your work is paramount. Without genuine enthusiasm, success may prove elusive. Diligence is equally vital, we are navigating the complexities of practicing law in a second language. Given that the legal profession relies heavily on language, we must be prepared to invest double or even triple the effort to achieve success.
What is the most important takeaways for you from your legal research or writing class and during your career?
When it comes to writing, especially in the context of legal work, I would offer three key pieces of advice. Firstly, you must have a deep understanding of the subject you're addressing. Secondly, consider your audience carefully – who you are writing for matters significantly. Lastly, prioritize clarity and strive to eliminate any ambiguities in your writing. It's common for non-native English speakers to inadvertently write less clearly compared to their native language, often without realizing it. It takes time and practice but it’s achievable.
Could you share with us any interesting stories that you encountered in your practice?
I currently represent a client who is the middle of a complex litigation case. Even though he's essentially a one-person business, the disputes he's facing have escalated to the appellate courts, specifically the DC Circuit and the Fourth Circuit. Interestingly, his primary concern isn't so much the legal intricacies of winning the case; rather, he consistently questions his legal bills. He often asks why he's being charged for various aspects of our legal work.
One day, he inquired about a charge for legal research, and I found myself struggling to provide a satisfactory answer. He was like, “let me give you an example. If I go to my doctor and I need a surgery. Would my doctor charge me for the surgery or the research he has to do before he performs the surgery?”
I was stumped at the time and had to discuss this puzzling question with my husband, who’s also a lawyer, when I got home. We had a thorough conversation about how to address such queries in the future. This experience make me realize that client management is something they don’t teach you at law school. It is an aspect of legal practice differs from the application of legal skills. It's essential to recognize that when handling cases on the defense side, you'll frequently need to engage with clients and navigate these kinds of regrettable conversations.
Do you have any advice for the next generation of internationally trained lawyers?
My advice would be to work diligently in law school. This is how you establish the fundamental skills that every potential employer values: language proficiency, adept legal analysis, and a comprehensive understanding of the U.S. legal system and its case law.
Don’t underestimate the importance of networking. It's nearly as critical as studying. You must be proactive in putting yourself out there, making your presence known, and engaging with people. This is how you learn about the diverse opportunities and gain insight into what lawyers are actually doing in the field. If you don't take this step, you're essentially missing out on 99% of your potential chances. Build connections within the industry, even if it feels uncomfortable or burdensome in the beginning. Push yourself to do it because the benefits you'll gain will set you apart from those who don't make the effort.
