LAWCROSSING
THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH
LAW STAR
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Samuel Estreicher, Professor, New York University School of Law [by Regan Morris] Samuel “Sam” Estreicher is well known as a scholar of U.S. employment and labor law. LawCrossing speaks with Mr. Estreicher about his busy career as an attorney, law school professor, writer, and volunteer.
Estreicher is an expert at juggling tasks. As
employment disputes, which is done nowhere
never park their common sense at the door.
the head of New York University’s Center
else in the world. It’s very expensive. And
They’ve got to start believing in themselves,
for Labor and Employment Law, Estreicher
what that means is that claimants cannot
and they’ve got to start believing in their
teaches several courses while maintaining a
get lawyers. Claimants cannot get lawyers,
instincts because, ultimately, they’re going to
caseload through Jones Day, where he is Of
and most claimants feel separated from the
be paid for their instincts,” he said.
Counsel in the firm’s Issues & Appeals and
process. Historically, this is what unions did.”
Labor & Employment practice groups.
Too many young lawyers doubt their Estreicher, who also co-directs NYU’s
instincts and act like “automatons,” he said.
A prolific writer, Estreicher says the blend
Institute of Judicial Administration and is
Estreicher calls his common sense theory
of academia and private practice is a perfect
secretary of the Labor and Employment Law
Holmes 101, in honor of Oliver Wendell
fit for his interests. Estreicher’s interest
Section of the American Bar Association, said
Holmes, Jr., the oft-quoted former associate
in labor preceded his interest in law. The
labor unions need to find a way to become
Supreme Court Justice.
son of a factory worker, Estreicher knew he
more relevant.
wanted a career in labor relations, but he
Estreicher’s third bit of advice for young
wasn’t sure in what capacity. After college,
“I think it’s a big challenge to figure out a
attorneys is not to focus too much on the
he attended the Cornell School of Labor and
new role for unions. I think it’s still a case
race to make partner in a firm, but to build
Industrial Relations and took his first law
that workers need representation,” he said.
a solid and dependable reputation for
course. After earning his master’s degree, he
“What we’ve done now—because of the
excellence.
enrolled in law school.
decline in unions in part—we rely more on lawsuits. And the problem with lawsuits is
“They shouldn’t just be saying to themselves,
“What turns me on about the law to
because they’re done after the fact, they
‘I’m just here for two years; I’ll put in the
this day is that you work with ideas, but
can’t do anything to fix the relationship.”
number of hours that people want me to put
you’re also very practical,” he said from
in, and then that’s the end of it,’” he said.
his office at NYU. “You solve problems
Estreicher, who is also on the boards of two
“They should be saying to themselves, ‘This
working in litigation and negotiation. It’s
theater groups in New York and hopes to
is my name; this is my product. I’m going to
the combination of ideas and practical
find time to write plays one day, said young
take pride in it.’ They should try to befriend
stuff making things happen, which is very
attorneys need to become better writers.
everyone. I tell my students, and I tell all the
exciting.”
He recommends that all attorneys and
young lawyers at Jones Day every person
law students buy and study a copy of The
they meet—I don’t care if it’s the janitor—it
Elements of Style by William Strunk, Jr., and E.B. White.
could be a future client. Treat people as
create a new role for themselves, Estreicher
“I work a lot with young lawyers, and they
Estreicher clerked for a judge on the DC
said.
need to work on their writing,” he said,
Circuit for a year after law school and then
adding that he learned a lot about writing
spent a year in private practice before
“We have to do something about the litigation
while working on his master’s thesis and
clerking for Lewis F. Powell, Jr., on the
system. There’s been this movement on the
editing the Columbia Law Review.
Supreme Court. When Judge John Roberts
Labor unions in the United States are in serious trouble with decreasing membership
future clients.”
and power, and the organizations need to
company side for arbitration; so there might
was nominated for the Supreme Court,
be opportunities for lawyers in arbitration,”
“Writing is extremely important; so that’s
Estreicher wrote an article for the website
he said. “We’re using the ordinary courts for
one thing. And two, I tell my students [to]
beliefnet.org, predicting Roberts would likely
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LAWCROSSING
THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH
LAW STAR
www.lawcrossing.com
1. 800.973.1177
mark a shift to the right for the court, but not
casebooks in labor law and employment
way to make a relationship more valuable,
a seismic shift. When asked who he thought
discrimination.
professional, and personal. And the best way to add value is to choose what interests you
would be the next judge nominated to the
and develop an expertise, he said.
court, Estreicher predicted U.S. Attorney
“I could get away with doing the absolute
General Alberto Gonzalez. (Estreicher
minimum, but I don’t do the minimum.
teaches a course in Supreme Court practice
I’m trying to add value to myself,” he said.
“Develop an area of specialty—whatever it is,
and has an appellate practice through Jones
“That’s one of the reasons I love teaching,
whatever turns [you] on—and really become
Day.)
I get to write a lot. Plus, I like to shoot my
known in that area,” he said, “because it’s
mouth off; so I’m in the right job. If you write,
very important to have portable value in any
Writing is a passion for Estreicher, not a
you make it a habit, and it gets easier for
relationship, even in a marriage.”
professional obligation. He’s been a tenured
you.”
professor since 1984 and has already lived the publish-or-perish years. He has
Estreicher is keen on “adding value” and
published several books, including leading
said the key to success is to always find a
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