9BENCHMARK | Top 250 Women in Litigation

Formed mere months ago in February2016, the Washington, DC boutiqueWilkinson Walsh + Eskovitz is emblematicof a litigator’s dream shop, boastingcomposite qualities of diversity, youth, anda culture fostering a work-hard-play-hardethos that its personnel takes to heart. Thefirm saw its genesis when revered trial starand consistently recognized Top 10contender in Benchmark’s Top 250 Womenin Litigation Beth Wilkinson decampedfrom Paul Weiss Rifkind Wharton &Garrison and teamed up with four otherpartners to launch Wilkinson Walsh +Eskovitz—a venture that focuses on high-stakes jury trials, a specialty that many

would argue has become ever-increasinglya rarity among litigators of recent vintage.Indeed, only two months after the firmopened its doors, it triumphed on behalf ofPhillip Morris when, following a three-week trial, a St. Louis jury found thatPhillip Morris had not deceived smokerswith the marketing of Marlboro Lights, aclaim for which the plaintiffs sought morethan $1.5 billion in compensatory andpunitive damages.

Wilkinson spoke to BenchmarkLitigation/Top 250 Women in Litigationeditor Michael Rafalowich about the firm’sphilosophy, as well as her own perspectiveson driving her firm forward.

Why would you leave what many wouldconsider a coveted position at a prestigiousfirm like Paul Weiss in the first place?

“Paul Weiss was a terrific place to practicelaw but over time they—like other largefirms—were doing fewer and fewer jurytrials. My practice and passion remainedfocused on trying cases, and I realized Icould best pursue that passion bybranching out from the big firm andbuilding something new—with a culturefreed from some of the restraints inherentin any big firm. I wanted to build a culturethat would be attractive to, and help retain,the brightest and most talented lawyerswho really want to try cases. I didn’t wantit to be all about ‘me.’ I wanted to be ableto build an elite trial practice from theground up. I wanted to work with willingand able trial lawyers, and make it just asmuch about ‘them,’ and I’m proud to saythat’s exactly what we’ve done. I may bethe senior partner, but I would trust anyoneelse here to try a case, and have no problemrecommending them to a client as the first-chair lawyer if I am not available to try thecase myself.”

Wilkinson continues, “I have heard somecomment on how ‘brave’ we are for startingour own boutique, but we have not really

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Firm spotlight –Wilkinson Walsh+ Eskovitz

thought about it that way. Of course there isalways some inherent risk when you leave abig firm and form your own, but we weremuch too excited about the possibilities tobe worried about the potential downside.Right now, we feel very fortunate to be ableto say that our book of business and pipelineof trial work is really strong. The firm hasgained considerable traction in a very shorttime. Since opening in February, we havedoubled in size. We are now at 21 lawyers,with four more joining us after theirclerkships, and six partners.”

And would the firm be looking to growbeyond that?

“We are open to growing but not just forthe sake of getting larger. We’re in thetalent business. We have brought onpartners from Kirkland, Quinn, Latham –some of the premier litigation firms – andwe are looking to meet or exceed thestandards of excellence set by each of thosefirms, while trying bet-the-company cases.But we also are working to foster andmaintain what we think is a very different,perhaps unique, culture. This goes evenbeyond the partners and extends to ourassociates and paralegals as well.”

Beyond size and a zest for trials, what elsesets this firm apart?

“For starters, we have an alternative billingstructure. We are not trapped by the samebillable hour fee structure of a big firm. Weknow what it costs to try cases, and this allows us to customize our model to suit theneeds of the client accordingly. We oftenpair a fixed-fee structure with holdbacks andsuccess premiums that align our incentives

with the interests of our clients. Clientsappreciate that we are willing to put someskin in the game, and then we are free tostaff the matter in way that makes the mostsense for each matter. It also allows us to freeour lawyers from the billable hour, whichcontributes to the team-oriented culture weare trying to cultivate. The goals areexcellence and efficiency—not a certainnumber of hours logged.”

“The demand from clients for moreaccountability and flexibility regardingcosts is undeniable, and yet it’s verydifficult, if not impossible, to implementthis efficiently at a big firm. If we have acase that has some complex legal issues andpotential appellate issues, we can bring[appellate counsel] Lori Alvino McGill infrom day one. On pitches we can sell thispackage deal right from the outset. Clientsappreciate this – they often hire anotherfirm to do what Lori does, and with thispackage we can offer them, that’s one fewerlaw firm they have to deal with.”

“We also promote a very flexible culturewithin the firm. For me personally, I find itfun to be my own boss. But part of that ismaking sure everyone else is having fun aswell – that we all love coming to work. Andwe do. We don’t mind working around theclock when there is a trial date looming,but we also make a point of recognizingwhen that isn’t necessary. We (the partners)all have children, as do some of ourassociates. In fact, by September, we’ll have20 kids among the partners! I have threekids of my own. There are some firms thatmake it extremely difficult to juggle workand family life, and I take pride in the factthat we really value time off to spend with

our families whenever possible. It’s becomeessential to who we are. So we have noformal vacation policy; we fully supportthe idea that when you’re done at trial, takesome time off! We actually have a motto –though it’s not very catchy— ‘work hardand then take some time off.’”

“For example, one of our partners, AlexWalsh, is taking a sabbatical and goingaround the world with her husband and fourchildren. She would probably never be ableto do that at a large firm. We love that wecan say, ‘go do that.’ Alex has more thanput in her dues since law school, and she hasdefinitely earned a break. And we trulybelieve when you give people time torecharge and devote time to other aspects oftheir lives, they will be better lawyers for it.We are lucky that we as a partnership are allcommitted to the team, and we’re able tomake those opportunities happen bystepping up when one of us is taking abreak.”

“Beyond that, our culture is deliberatelyvery diverse. Of our six partners, half arewomen, all of whom are actively involvedin high-level first-chair trial work. Andwhen we look for talent, we are activelylooking for candidates who will furthercontribute to the firm’s overall diversity.”

Wilkinson Walsh is certainly the epitomeof diversity at a law firm. Is this anotherunique aspect of the firm, and does thisfirm’s success provide a clarion call forother women litigators with an appetite forrisk and who are eager to hone their trialacumen to try boutique life? Or is therestill further to go?

“I am disappointed by the lack of diversityin our profession. I have been a lawyer forover 30 years, and yes, on the whole I haveseen some progress made. But there is stillmuch further to go. How many women doyou see as lead trial counsel on cases? Notnearly enough. I figured I could complain[about this situation] or I could choose todo something about it. I decided that, inlaunching this firm, I would create anenvironment that has emphasizes bothdiversity and top trial skills. In addition tohalf of our partners being women, we arealso a relatively young group. I am thesenior partner at 53, and I make a point ofmaking sure that everyone I work with isadequately utilized and getting the bestexperience possible. I view that as verymuch a part of my job.”

10 BENCHMARK | Top 250 Women in Litigation

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“I wanted to build a culture that wouldbe attractive to, and help retain, the

brightest and most talented lawyers whoreally want to try cases. I didn’t want it tobe all about ‘me.’ I wanted to be able to

build an elite trial practice from theground up. I wanted to work with willingand able trial lawyers, and make it just asmuch about ‘them,’ and I’m proud to say

that’s exactly what we’ve done.”