You need to be a problem solver. As I said before, you have to think outside of the box. If you can do that, you can succeed in business and in law. For instance, I had a client who was charged with a DUI. He was passed out behind the wheel, parked on the side of the road. There was a bunch of alcohol in the back of the car. The case looked bleak, but then I realized no one knew where the keys were. The only person that was able to find the keys was the wife after the car was towed. The keys were in the engine compartment because my client threw them out the car window when he parked. Because of that, I was able to file a motion to dismiss because the prosecutors could not show my client was in actual control of the car.
The legal field is known to be extremely competitive. Lawyers are often smart, ambitious, and highly educated. That being said, what does it take to stand out and become a “Top Lawyer” in your specific field of law? In this interview series called “5 Things You Need To Become A Top Lawyer In Your Specific Field of Law”, we are talking to top lawyers who share what it takes to excel and stand out in your industry.
As a part of this interview series, I had the pleasure of interviewing John Tolley.
John Tolley is a civil and criminal trial lawyer. He has tried over 40 jury trials and is licensed in New York New Jersey and Florida. He is the founder and owner of JT Law Firm where he handles Homeowner/Commercial property insurance claims and criminal defense.
Thank you so much for joining us in this interview series. Before we dig in, our readers would love to get to know you a bit more. What is the “backstory” that brought you to this particular career path in Law? Did you want to be an attorney “when you grew up”?
My family believes I was destined to be an attorney because my first words according to my mom was, “actually,” followed by an argument as to why I was right. Honestly, I really enjoy helping people and law is the perfect field to do that in. As an attorney, you’re usually retaining clients at a very difficult time in their lives where they may have given up hope. We try to bring that hope back and put them in the best position possible.
I enjoy criminal defense because it’s what our country was founded upon. The entire government is coming after you, trying to take your basic freedoms away, but as an attorney you can use the Constitution to protect your client from that danger. Homeowners’ insurance claims are very similar. The client has paid for protection and this big, rich insurance company is doing everything it can to avoid their end of the bargain. I enjoy helping my clients protect and rebuild their most important asset, their homes.
Can you tell us a bit about the nature of your practice and what you focus on?
I own my own law firm with my law partner, Monica Balyasny, called JT Law Firm. Our attorneys are licensed in New York, New Jersey and Florida and we handle cases in all 3 states. We focus on three practice areas: Homeowner’s insurance claims, Criminal Defense and Immigration. I primarily handle the insurance claims and criminal defense cases.
You are a successful attorney. Which three character traits do you think were most instrumental to your success? What unique qualities do you have that others may not? Can you please share a story or example for each?
Hardworking, determined, and able to think outside of the box are the three most instrumental attributes for becoming a successful attorney.
I know everyone says hard work, but you have to be about it, not just talk about it. If you have to work late hours, or work over the weekends, you have to do it. There are no cutting corners; you get back what you put into it.
Determination goes hand-in-hand with hard work. If you want to be successful, you have to be determined. It is easy to skip that networking event, go home and go to sleep. It is easy to pass on a phone call with a potential business connection because you just want to go to lunch. But, in order to be successful, you have to put that mindset aside and push through. That is what, in my opinion, separates a successful attorney from any other.
Thinking outside the box is probably the most important trait. It can help you not only with legal issues and arguments, but also in business. You can’t look at everything in black and white, you have to see the gray. If you do, the results will come. You can’t just read an arrest report and take it as it is. You have to read into why certain words are used, or the other facts surrounding the arrest. Same with business, if you start your own firm, others will come with potential opportunities and you will have to read between the lines and think outside of the box, otherwise they can take advantage of you.
Do you think you have had luck in your success? Can you explain what you mean?
There is luck in every aspect of life but if you don’t capture that moment and combine with other skills, like hard work and dedication, luck doesn’t matter.
Do you think where you went to school has any bearing on your success? How important is it for a lawyer to go to a top-tier school?
Law school does not have any bearing on your success. Sure, a top-tier school will get you that first really big job, but it does not guarantee more opportunities after that. Your name and reputation will carry you farther than the law school you attend. Over time, employers stop looking at or even asking where you went to school. This is because experience and success are usually more important in our profession.
Based on the lessons you have learned from your experience, if you could go back in time and speak to your twenty-year-old self, what would you say? Would you do anything differently?
I would tell him to take out less student loans. All kidding aside, I would tell him that you’re on the right path. Even when you fail, and you will fail, you’re going to be a much better lawyer and person because of it. There are much deeper lessons in our failures than in our successes.
This is not easy work. What is your primary motivation and drive behind the work that you do?
I fell in love with trial and litigation work. There is nothing like picking 6–12 strangers and trying to persuade them you’re client is right. This type of work really gets the creative juices flowing. I love problem solving and finding creative ways to help my clients. Also, it helps that I work with my wife. Even on the toughest days, she helps me stay motivated.
What are some of the most interesting or exciting projects you are working on now?
I just started my own legal consulting/coaching business called “Lets Litigate”. It’s a business that other attorneys, and even law students, can use to hire me to consult with them on their upcoming trials, or take courses to help them improve their litigation or trial skills.
Where do you go from here? Where do you aim to be in the next chapter of your career?
Because of my unusual experience, I have found that a lot of lawyers are interested in retaining me to help them out. I have tried 44 jury trials in both criminal and civil law. Most attorneys have never been to trial. I really enjoy teaching and educating people. I’ve been an adjunct professor with the National Institute of Trial Advocacy and coached mock trial teams at Nova Law School. Because of that passion I hope to grow that aspect of my business and coach more lawyers about litigation and trial.
Without sharing anything confidential, can you please share your most successful “war story”? Can you share the funniest?
Earlier this year jury trials started resuming again in Florida. We went into a case where a 90-year-old homeowner, whose wife passed away during the claim, had a case where the insurance company wouldn’t extend coverage for his roof damages during Hurricane Irma. There had been about 4 jury trials before this one and every homeowner had lost on their first jury question on the verdict form. We went to trial and were able to get in evidence that the defense team didn’t even see, showing clear damage just a couple days after the hurricane. We got past the first question and the jury agreed that the insurance company wrongfully denied coverage.
The funniest story I have is when I was an intern for the prosecutor’s office. The prosecutor in charge of my division was being promoted and she let me try a petit theft case. Everything seemed to be going really well. I prepped the witness and he was testifying, along with what we had discussed before the trial. In the middle of his testimony, he realized he made a mistake. He identified the wrong person as the defendant. In the middle of his testimony, he stops me and says that the woman who was charged with the crime wasn’t the woman that did it. Instead, it was her friend sitting in the gallery watching the trial. Needless to say, I did the right thing and rested my case, allowing the judge to dismiss the case without objection.
Ok, fantastic. Let’s now shift to discussing some advice for aspiring lawyers. Do you work remotely? Onsite? Or Hybrid? What do you think will be the future of how law offices operate? What do you prefer? Can you please explain what you mean?
I currently work onsite in my office, but working remotely has become a huge part of my practice. As I am licensed in New York, New Jersey and Florida, remote court appearances have made it possible for me to be in three places at once. I can appear for a hearing in Brooklyn, New York in the morning and be in Miami, Florida for court at noon. Looking forward, I believe remote work is the future of this profession and is extremely helpful for all parties involved, especially for clients.
How has the legal world changed since COVID? How do you think it might change in the near future? Can you explain what you mean?
Like I mentioned before, remote work came as a necessity due to COVID, but it is something that, I feel, has had a positive impact on the legal profession. If anything, working remotely might have opened the door to a new and more modern legal field.
We often hear about the importance of networking and getting referrals. Is this still true today? Has the nature of networking changed or has its importance changed? Can you explain what you mean?
I strongly believe that networking is and always will be important. No matter the circumstances in society, it is crucial to make yourself known in the community. When other attorneys know who you are and what areas of law you practice, it sticks with them, and it can be a great referral source. Staying active on social media and engaging in Facebook groups can make a big difference in your practice. We live in a digital age where social media plays a key role. As attorneys, we need to take advantage of that and adapt with the times.
Based on your experience, how can attorneys effectively leverage social media to build their practice?
Be as active as possible. Join different social media platforms. I, myself, have a Facebook account, Instagram account, and even a TikTok account. The law is all about change. Legal opinions change with time, and as such, so should lawyers.
Excellent. Here is the main question of our interview. What are your “5 Things You Need To Become A Top Lawyer In Your Specific Field of Law?” Please share a story or an example for each.
You need to be a problem solver. As I said before, you have to think outside of the box. If you can do that, you can succeed in business and in law. For instance, I had a client who was charged with a DUI. He was passed out behind the wheel, parked on the side of the road. There was a bunch of alcohol in the back of the car. The case looked bleak, but then I realized no one knew where the keys were. The only person that was able to find the keys was the wife after the car was towed. The keys were in the engine compartment because my client threw them out the car window when he parked. Because of that, I was able to file a motion to dismiss because the prosecutors could not show my client was in actual control of the car.
You need to be able to listen. Most people think of lawyers as talkers, but the best lawyers are listeners. We take everything in, we listen, then when the time is right, we speak.
Interpersonal skills is another attribute you need to have. You need to be able to communicate and connect not only with other attorneys, but also your clients and the jury. Being personable and friendly is so important. People assume we’re just trying to steal their money and not do anything for them because of all the bad stereotypes surrounding lawyers. That is far from the truth. Most of us do this to protect people and give them a voice and their day in court.
Studying, it doesn’t end when you graduate law school and pass the bar. You have to study your field of law, as well as other areas of law that may overlap with your practice and other trades. I depose and cross examine several experts in engineering. If I don’t study engineering, they can run circles around me. You have to make sure you study not just law, but all the other fields that go into the type of law you practice.
Lastly, if you want to be a good trial lawyer you have to stay up to date with current events. Jury selection is the most important part of trial. When you’re picking a jury it’s the only time you have to speak to the jury and let them answer you back. You have to be aware of the political makeup of the jurisdiction your picking a jury in. You have to stay up to date with their local politics as well as statewide and national politics. This type of forward thinking can really help you pick the best jury for your client.
We are very blessed that some of the biggest names in Business, VC funding, Sports, and Entertainment read this column. Is there a person in the world, or in the US with whom you would love to have a private breakfast or lunch, and why? He or she might see this. 🙂
If I could have a private lunch with anyone in the world, it would be Dave Portnoy. Not only is he a successful businessman, but he was able to build an empire by being himself. Today, everyone is so worried about what everyone else thinks and how they will be perceived. Dave Portnoy has proven that you don’t need to please everyone to be a success. Plus, he’s hilarious and he works with my favorite sports teams while eating good pizza.
This was very inspiring. Thank you so much for the time you spent with this. We wish you continued success and good health!
