3rd Anniversary of Cofer Law
February 7, 2014, has been 3 Years
Three years ago I returned from my honeymoon and hung out my shingle. Married to my best friend and greatest supporter, I opened the doors of Cofer Law. I left my job at the Henderson County Attorney’s Office to come to a city that I had only visited to start my own firm. Jerry Loftin is a kind and generous man. He’d only just met me, but he was willing to work with me on the rent, so that I could make it my first few months. So, the little money I had: I spent on business cards (Printing Plus), $700 on coferlaw.com, $100 on a printer, $150 on getting a phone turned on, and $15 for online fax. I had my old laptop from law school and there was a desk in the office I rented. With about $300 left over in my budget, I put $200 into Google Adwords, and I spent the rest on two lunches with older lawyers. Then my wife and I crossed our fingers.
Thanks to Trey Loftin, I got my first criminal client. He sent me someone he couldn’t represent at the time, and they actually had cash. That first criminal case was a third degree felony, assault of a family member by impeding breathing. I jumped on it. I gathered evidence from the night of the arrest…felony prosecutor presented the case to the grand jury – indicted as a misdemeanor! But my client was on parole, so I couldn’t plea him to anything. So, I went to work on the new prosecutor. After a few weeks and several unannounced office visits, I wore the prosecutor down…dismissal. Client was released from jail.
About the same time that I received the call for my first criminal case, my first family law client called. I told him my retainer…he came in with less than a quarter of what I quoted him. I met with him. I hated to hear what his wife was doing to him. She’d coached their toddler son to say terrible things about him. Once I figured out where the Family Law Center was, I went to work. Finally, we got in front of the presiding judge. At the hearing, Judge Harris and I were both yelling, and I was so wrapped up I hadn’t realized that what he was yelling was that he agreed with my side of the situation. I learned a valuable lesson from Judge Harris and Vaughn Bailey. After Judge Harris stormed off the bench to watch a video (I insisted he see) Vaughn leaned over to me and said, “You’ve gotta learn to shut-up when you’ve won.” That lesson has served me and my clients well for years now. The other lesson I learned was, just because Judge Harris is cross-examining you (as the attorney) in a gruff voice doesn’t mean he doesn’t agree with you, he just wants to be sure you actually agree with you.
My third client actually made my first month in practice a profitable month. Virginia Carter, who has been a terrific friend to me and my wife, sent me someone that needed an occupational driver’s license. Of course, I first filed in Tarrant County, to find out I needed to file in Dallas County. Thankfully, my client was patient and sweet. Armed with Virginia’s checklist and forms, I got my client (with an arm’s length driving record) back on the roads.
So, I had clients. I had business cards. But I got into this business to try cases in front of a jury. So, the begging begins. “Please, let me second chair!! I work for free. I’ve tried a long list of cases as a prosecutor. I won’t get in your way.” Then the call comes. Abe Factor. I don’t even think he knew my first name. But he had a trial coming up in Judge Young’s court, and his client was in a position that Abe thought even this young-punk lawyer couldn’t make any worse. I sat in awe of Abe’s style. You know those rules you learn in Baby Prosecutor School or in law school mock trial, forget ‘em. In voir dire Abe was a disarming tornado. Somehow, walking quickly back and forth between his computer (to change slides) and cutting off jurors in midsentence, he was getting these people to actually open up and tell Abe everything he needed to know. The tornado wasn’t leaving a disaster in its wake; it was selectively sucking up valuable bits from jurors. Those bits were getting toxic jurors challenged for cause. The other jurors found Abe just as endearing as I did. Abe went on throughout trial amazing me by disabling state’s witnesses in a way that made you think he might just be a Jedi. He let me question witnesses and even give part of closing.
Truly, his skill is only surpassed by his generosity. A week later, I had a check in the mail from Abe for my part in the trial. I wanted to send it back, and tell him that I should pay him for the great experience. However, I needed the money. Abe and I have tried something like 7 cases together now. He is an extraordinary mentor and friend. Frankly, without his help, I never would have made it this far.
Tarrant County is truly the best place in the world to be a lawyer. Three of the most experienced and respected lawyers in town also gave me the chance to ride shotgun. Richard Henderson taught me what it means to actually investigate a case and how to carefully navigate the minefield of extraneous offenses in a sexual abuse case. David Richards, along with then Judge Sharen Wilson, taught me that knowing the law actually is a requirement for being a great trial lawyer. When Bill Harris let me tag along for a murder trial, I was able to put a face with the image of the lawyer I wanted to become.
Two adversaries from my days as a prosecutor must make their way into this post. In my opinion, two of the state’s best trial lawyers are hidden away in the humble little town of Athens, Texas. Mike Head has a way with juries I’m afraid I’ll never master. He’s sharp, kind, and cunning. Mike forces a smile while he’s quietly destroying you in the courtroom.
A great friend and my most valuable sounding board as a defense attorney, Brian Schmidt, should have his name in lights around the state. He works harder for his clients than anyone I know. If there is an ethical way to win, Brian will figure it out. Aside from being a fantastic trial lawyer, he has taught me lessons that likely serve me better than any amount of courtroom prowess. First, his approach to plea negotiations should be written in text books. Unfortunately, most people wouldn’t follow his example, because there are not tricks, it’s just hard work and ingenuity. Second, he truly loves his clients. Each one has his devotion, and he is a warrior in every case. In many ways, he is genuinely my hero.
If I ever do reach the top of my profession, everyone I’ve mentioned deserves the credit. But the road to developing into a trial lawyer doesn’t start sitting second chair. There are so many people that deserve my gratitude, but a few more I must mention here.
Sam Hicks, my great friend and former boss, is my safety net. He always has an answer to the tough questions, and without his guidance and encouragement I would have withered on the vine. I could make blog posts for days just describing the ways he’s nurtured me as a young lawyer and young man. I hope someday I can be as helpful to a young lawyer, but we all know regardless of how hard I study or how long I practice, I’ll never be Ol’ Slammer. He’s a treasure of human and lawyer.
If I have no other skill, I have an eye for talent. Lauren Crisera has been with our firm for over a year now. Through an introduction by a prosecutor, Lisa Herrick, I found Lauren. At first she was quiet, but pleasant. In short-order, I discovered that she is a gladiator. She cares about our clients. She loves the fight. She works harder than any other attorney I know. My clients and I can always count on her.
Chelsi McLarty is our newest attorney. As she was thrown into our practice, it was like a fish being returned to water. Even to my surprise, it turns out she’s not only a fish, but a shark. As she ages an attorney she’ll no doubt grow into a devastating adversary in the courtroom.
Our office is held together by Hayley. She’s the smiling face at the front. Regardless of which of my 37 moods I’m in that day, she has her smile and kindness showing brightly. It’s difficult to find people you can trust, but trusting Hayley is easy. Her smile is not just a veneer. To her core she is caring and good human being. If I can be a little more like her each day, I might just find my way to heaven. Hayley’s partners in crime, Margo and Ana, are new to the team, but have already proved to be invaluable additions.
Finally, my wife, she makes me better every day. She is the best young trial lawyer in the business. Unfortunately for those accused of crimes, she’s a prosecutor. Because this is posted on my website, I won’t go on, but everything I’ve said above and all the work I’ve done would amount to nothing without her.
