A Conversation with David Boies

Episode description:

John is joined by one of the most famous litigators in the world, David Boies, Chairman and Founding Partner of Boies Schiller Flexner.  They discuss David’s career, unique aspects of trial work, and the challenges of transitioning leadership in law firms. David describes his early years at Cravath, Swaine & Moore, LLP, where he became a partner in 1972, and his founding of Boies Schiller in 1997. He candidly discusses the aging process, especially the balance that exists between somewhat diminishing memory and the ever-improving judgment that comes with experience. Despite plans to step down as Chairman of his firm at the end of the year, David remains engaged in high-stakes litigation, particularly cases which may improve society, such as marriage equality and sex trafficking litigation. John and David also discuss trial advocacy. David believes that trials are both morality plays and peculiar searches for truth, shaped by a unique decision-making process that excludes jurors with specialized knowledge and forbids them from seeking knowledge in the ways they are accustomed to. They also discuss the unique pressures on courtroom lawyers, including the need to say everything right in real time, having a professional constantly trying to make you look bad, a jury that studies everything you say or do, and clients watching whose fortune or liberty depends on your performance. John and David also discuss the business of law, critiquing the hourly billing model and reflecting on the challenges of aligning client and firm interests in alternative fee arrangements. They agree that legal practice, while demanding, remains intellectually and personally rewarding.  David also offers his thoughts on his late friend and sometimes adversary Ted Olson, whose integrity, warmth, and professionalism left a lasting impact. Finally, John and David discuss the possibility of a follow-up to David’s book Courting Justice, which chronicled significant cases from his career in light of the major cases he has had in the years since the book was published.

Published: Dec 19 2024