EDITORS’ NOTE

One of the United States’ preeminent trial lawyers, David Boies has been named “Lawyer of the Year” by the National Law Journal, runner-up for “Person of the Year” by Time Magazine, and “Commercial Litigator of the Year” by Who’s Who. Highlights of a distinguished career include serving as lead counsel for former Vice-President Al Gore in connection with litigation relating to the 2000 presidential election, and serving as special trial counsel for the United States Department of Justice in its successful antitrust suit against Microsoft. The recipient of an LLD from the University of Redlands; a Lifetime Achievement Award from the LD Access Foundation; an Outstanding Learning Disabled Achievers Award from the Lab School of Washington, DC; and the William Brennan Award from the University of Virginia, Boies is the author of numerous publications, including Courting Justice (Miramax 2004) and Public Control of Business (Little, Brown 1977). He is a fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers, and is a trustee of both St. Luke’s-Roosevelt Hospital Medical Center and Continuum Health Partners, Inc.

COMPANY BRIEF

Founded in 1997, Boies, Schiller & Flexner LLP (www.bsfllp.com) has become one of the United States’ premier law firms, with approximately 240 lawyers in offices located in New York; Washington, DC; California; Florida; New Hampshire; and Las Vegas. Best known for landmark cases such as United States v. Microsoft, Bush v. Gore, and In re Vitamins, the firm represents some of the largest and most sophisticated organizations in the world in their important matters. The firm has been described by the Wall Street Journal as a “national litigation powerhouse” and by the National Law Journal as “unafraid to venture into controversial and high-risk matters.”

Are you happy with the growth the firm has achieved over the past year?

Yes, I am. To some extent, we may have grown a little faster than I would have liked. The pressure to grow when you have core clients who want you to do work is always very heavy, and in our business, you always want to be sure that your growth doesn’t get ahead of your ability to attract first-rate people. We’ve been fortunate in being able to consistently attract the very best people out of law school. But the faster you grow, the more pressure it puts on your recruiting, and I am pleased that our growth is now stabilizing at a rate that we can easily manage, while still attracting the very top people to the firm.

Many employers complain that the top talent is often attracted to hedge funds and investment services, but it sounds like that is not a problem for you.

No, it’s not. It’s certainly true that a lot of top talent is going to hedge funds and investment banking firms. But those people are usually coming out of business school, not law school. While investment firms and hedge funds do recruit lawyers, and offer attractive packages, most of the people who go to law school go because they’re interested in the law. We have an opportunity to attract those people to our firm. One thing that appeals to them is that we give them an opportunity to get into court. Unlike a lot of large firms, we try a lot of cases, and trying lawsuits is very exciting. In addition, in our corporate department, we offer young lawyers a lot more client contact and responsibility. The pace of our business means that we throw young people into deals faster than most other firms do. The quality of our young lawyers means that we can do so successfully.

You and the firm are known for your involvement with a number of high-profile cases. Do you thrive on such challenges?

Yes. You have to have an appetite for intensity to work here, both on the corporate side and the litigation side. Our work is often in the headlines, and there’s a lot of scrutiny. You have to get everything right. That can be exciting, but it can also be stressful. I tell the young lawyers we interview that this is not a firm for everybody. This is not even a firm for everybody who is a very good lawyer. This is a firm for very good lawyers who also have an appetite for intensity, whether it’s on the corporate side or the litigation side. You are concerned with matters that are very important to the client, and often to the development of law, and you simply cannot afford to make mistakes.

Regulation has increased in recent years, and has had a big impact on corporations. Do you think the pendulum has swung too far in that direction?

I think we are beginning to see the pendulum turn again. People are beginning to recognize that the costs of regulation in some cases exceed the benefits of regulation. As an economy and as a society, one of the things that we offer in the global market is our service industries – our financial services, accounting services, insurance services, and legal services. The more you overregulate and restrict those important markets, the more you drive those markets outside of this country.

Many people think private-sector leaders need to be brought into this discussion to provide a more balanced view of regulation and where it’s going. Is that dialogue happening?

I don’t think there’s enough of a dialogue happening. Part of the blame for that rests with the public sector, but part also rests with the private sector. The private sector tends to focus on short-term interests, and investment in the reform of regulation gives a long-term return – you’re not going to get it this quarter. The private sector needs to think more about what long-term investments make sense – in terms of dialogue, in terms of education, in terms of dealing with state houses and with Washington – rather than focusing on what can be accomplished this quarter or next quarter.

Giving back to society appears to be very important to you. How important is it to the culture of your firm?

It’s very important, both to me personally and to the culture of the firm. This firm has been engaged in a great deal of pro bono activity right from the beginning. It’s part of who we are.