A sidebar with … Scott Mandel

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Commercial litigation attorney Scott L. Mandel of Foster Swift Collins & Smith PC in Lansing has tried more than 100 cases in state and federal courts as well as before several agencies.

For his accomplishments in the courtroom, Mandel has been selected as a fellow of the American College of Trial Lawyers. Membership in the college cannot exceed 1 percent of the total lawyer population of any state.

Mandel spoke with Michigan Lawyers Weekly about his career and becoming a fellow.

What is the process like to become a fellow?

People who are selected are not to know they’re even under consideration. In my instance, the person who got the ball rolling was a partner of mine who said, “You’ll have to trust me, I can’t tell you why, but I need from you a list of every case you’ve ever tried, the name of the case, opposing attorneys, the judge and the name of the court.”

What I learned is the members of the college then will contact every one of those people and assemble all of that information.

The process is designed to address three aspects that are required to be selected. First is to demonstrate the ability of a trial attorney, second is adherence to ethics, and third is civility. You have to be a decent enough person for your opponents to speak well of you.

A lot of people do not make it through the process and that’s why you’re not to know you’re under consideration.

What are your obligations as a fellow now?

They want you to become active in the group. Part of it is on the state level, the members of the college are responsible for helping in the selection of new candidates. You’re asked to recommend people. You’re also asked when others recommend people if you know them and what your thoughts are on them.

There are also various committees. I’m going to be on a national professional ethics committee and there are committees that deal with trial skills and development.

What got you into trial work?

When I was in seventh or eighth grade, I read a book about Clarence Darrow. It talked about his career and just by reading the book, I had kind of an epiphany of that’s what I want to do in life. It just appealed to me to be in that kind of a position of trying to advocate for somebody in front of a jury. That’s the reason that initially led me to doing it. Everything about it as I learned more and went further in my education just continued to reinforce that.

What is the difference in trying cases before a court as opposed to agencies like the Federal Trade Commission?

Trying a case at the agency level is pretty much akin to a bench trial, but there’s one pretty important distinction. When you’re dealing with agency work, a lot of times you’re in front of an administrative law judge and the administrative law judge makes a proposal for decision as opposed to rendering a decision. The final decision maker on the agency side is often the board of the agency, and they are not even present.

You’re trying a case like a bench trial, the administrative law judge is ultimately issuing a written proposal for decision, then it’s going off to the board, agency or commissioner who has the actual authority to render the decision. You’re never actually in front of the decision maker, so you just have to be aware of that distinction as you’re trying the case.

You really want to do what you can to assist the administrative law judge in crafting that proposal for decision so the agency would be well informed and would be comfortable in signing off on the proposal.

You’ve already held numerous other leadership positions like president of the Ingham County Bar Association, why have you chosen to take on these roles in addition to your normal work?

When you have a chance to get involved in things important to you, I think you want to do it. For me, a lot of people have given to me over the course of my career the opportunity to do something to try and give back. I think the more you give, the more you get, that’s what it comes down to. If you’re willing to get involved in those kind of organizations, what I have found is I get far more back in return for doing that. It’s usually pretty rewarding work, so hopefully you get a feeling you’ve helped out along the way and get a chance to work with really great people.