In this Q&A with The Texas Lawbook, Sam Hardy discusses the traits he seeks in outside counsel, what outside counsel need to know when working with him and more.
The Texas Lawbook: What do you look for in hiring outside counsel?
Sam Hardy: I need aggressive and creative lawyers who are passionate advocates, skilled at being in court, love arguing to judges, and relish taking cases all the way to jury verdicts if necessary. My short-hand is that we need “stand up lawyers” not just paper lawyers.
The Lawbook: What does outside counsel need to know about working with you?
Hardy: Every case needs to be prosecuted from the beginning with one goal in mind – obtaining a winning verdict. I expect lawyers to fix that goal in mind and the work backwards from there, shaping case prosecution to achieve that victory condition. Every lawyer I hire needs to understand that they can and will be expected to try the case to the end. I do not have patience for traditional litigation approaches where 2 years are spent in inefficient and expensive discovery and motion practice only to be advised by outside counsel that we should settle. This approach is not a win for ET or for me. Litigating to settle and litigating to win are two very different things, and everyone needs to be on board with the latter.
The Lawbook: What are your pet peeves with outside counsel?
Hardy: I have many, unfortunately, but they can be boiled down to approaching suits without a clear goal in mind, going through the motions of discovery, search terms, document review, etc without a clear plan to win the case. We do not see litigation as a mere risk management exercise – we see litigation for what it is: a zero-sum game designed to create a winner and loser. We expect to be the winner.
The Lawbook: What are pro bono or public service efforts that you would like us to highlight?
Hardy: I am really proud of the partnership’s charitable efforts with MD Anderson. This is not legal only, of course, but it a central mission of ET, and I am thankful we get to support this effort.
Click here to read the Lawbook profile of Sam Hardy.