Top Lawyers: Austin Merck Smith of Merck Law On The 5 Things You Need To Become A Top Lawyer In Your Specific Field of Law

An Interview With Chere Estrin

Chere Estrin
Authority Magazine
10 min readDec 8, 2021

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A “Top Lawyer” in personal injury needs the intangible ability to present a case at trial in a way that vividly illustrates the life-changing event that changed the Plaintiff’s life. Some personal injury attorneys do not like going to trial. Unfortunately, the defendant’s representatives will not always make a fair offer on a personal injury case. Sometimes a trial is necessary to get a fair outcome for your client. An attorney who can connect with the jury and allow them to understand how an incident forever impacted a Plaintiff’s life is essential. Without this intangible quality, I do not feel an attorney can be a “Top Lawyer” in personal injury law.

The legal field is known to be extremely competitive. Lawyers are often smart, ambitious, and highly educated. That being said, what does it take to stand out and become a “Top Lawyer” in your specific field of law? In this interview series called “5 Things You Need To Become A Top Lawyer In Your Specific Field of Law”, we are talking to top lawyers who share what it takes to excel and stand out in your industry.

As a part of this interview series, I had the pleasure of interviewing Austin Merck Smith.

Austin Merck Smith is the founder of Merck Law, LLC. Merck Law, LLC is a personal injury firm servicing Personal Injury victims in Georgia and South Carolina. Austin primarily works on wrongful deaths, car accidents, catastrophic truck accidents, premise accidents, and civil litigation disputes.

Thank you so much for joining us in this interview series. Before we dig in, our readers would love to get to know you a bit more. What is the “backstory” that brought you to this particular career path in Law? Did you want to be an attorney “when you grew up”?

I did not want to be an attorney growing up. Growing up I was pursuing my dream to become a professional soccer player. As most professional sport aspiration stories go, I changed paths in college. I majored in Business Economics in college and loved it. I knew I wanted to own my own business in the future, but had no clue what kind of business it would be. While in college, I worked for a small law firm. Working there gave direction to my entrepreneurial aspirations. I graduated from college at the age of 19 and immediately enrolled in law school.

In law school, you get to experience many different areas of the law. My favorite classes all involved civil litigation and torts. I took this interest and ran with it throughout law school. Upon graduation I began working with one of the biggest personal injury law firms in Georgia at the time. After learning the ropes, I finally pursued my entrepreneurial ambitions and founded my firm — Merck Law, LLC.

Can you tell us a bit about the nature of your practice and what you focus on?

We are a personal injury law firm. My practice focuses on representing people injured by the negligent acts of others. It is unfortunate meeting a new client, as that means someone was injured. That being said, these injury victims often need representation and guidance when working with insurance companies. Our goal is to get our client’s life back to how it was before the car accident or incident, though that is not always possible depending on the severity of the injuries.

You are a successful attorney. Which three character traits do you think were most instrumental to your success? What unique qualities do you have that others may not? Can you please share a story or example for each?

  1. Passion. You have to wake up every morning looking forward to work. It is a privilege to represent people in times of need and it should never be taken for granted. If you love what you do, it becomes a lot easier to put in the hard work to become successful.
  2. Intelligence. You need to be able to operate at a high level of intelligence every day to learn new things, communicate with clients, and provide the best possible service. Lawyers are forever learning new theories, laws, and statutes to better serve their clients. Lawyers must have social intelligence to connect with clients to better represent them. Lawyers need to provide top service to remain a successful attorney.
  3. Work Ethic. The practice of personal injury law requires long work hours and dedication to your clients. Without work ethic, you can quickly get behind causing delays in your clients’ cases.

I am best known for my ambition and drive. I am pushing myself to be the best version of myself. I graduated from college at the age of 19 and began practicing law at the age of 22. I always push myself to learn more every day about how to better represent my clients. Personal injury law is forever evolving. If you get complacent, the law will pass you by.

Do you think you have had luck in your success? Can you explain what you mean?

Hard work wins cases. Luck comes into play when meeting the right clients and networking with the right professionals. I think I have had luck in meeting networking connections over the years. I also feel I have been lucky to get the opportunity to work with some of the best clients I could ask for. You cannot rely on luck to win your cases. You need to put in the hard work.

Do you think where you went to school has any bearing on your success? How important is it for a lawyer to go to a top-tier school?

I think school matters for certain legal fields. If your goal is to work in a large prestigious global law firm and work your way up to partner, the school you attend will help get you into an interview for that firm. I know some very talented and successful lawyers who did not even attend law school at an ABA accredited school. Though my school taught me well, I do not think where I went to school had any bearing on my success outside of minimally assisting in landing an interview for my first firm job.

Based on the lessons you have learned from your experience, if you could go back in time and speak to your twenty-year-old self, what would you say? Would you do anything differently?

At 20, I was already in law school. It would certainly be fun to talk with my 20-year-old self before a big law exam, but I am fortunate to be where I am today. I would not want to change anything in the past.

This is not easy work. What is your primary motivation and drive behind the work that you do?

My primary motivation is each and every client I get the privilege of helping clients through a tough time in life. I meet people at some of the worst points in life and get to help get them through to the other side of it. It is a privilege and honor to work with them.

What are some of the most interesting or exciting projects you are working on now?

Some of the most interesting cases I get the privilege to work on are complex trucking accidents that cause catastrophic personal injuries. Unfortunately, those cases usually involve a wrongful death or serious injury which I would never classify as “exciting”.

Where do you go from here? Where do you aim to be in the next chapter of your career?

My goal is to grow my firm every day to allow our team to make a positive impact on more lives. I also want to continue to grow as a lawyer every day to always find new innovative ways to better serve our clients.

Without sharing anything confidential, can you please share your most successful “war story”? Can you share the funniest?

We had a case where the insurance company offered my client a few hundred dollars on the case. The insurance company insisted the case was worthless for weeks. The client’s life had been turned upside down by the accident. We fought for our client and ended up settling the case for six-figures.

Ok, fantastic. Let’s now shift to discussing some advice for aspiring lawyers. Do you work remotely? Onsite? Or Hybrid? What do you think will be the future of how law offices operate? What do you prefer? Can you please explain what you mean?

I work onsite. Law is a service industry and I do not think meeting face to face with clients in personal injury will change anytime soon.

I can see a transition into a hybrid model for attorneys in my industry on the horizon allowing the best of both worlds. You get the freedom of working remotely, while you still come into the office to meet with clients. It all depends on the person in regards to what works best for them.

How has the legal world changed since COVID? How do you think it might change in the near future? Can you explain what you mean?

A lot has changed with covid. I have had court hearings on zoom. I have had a lot more electronic contact with clients than before. Law has moved to a technologically driven industry. I do think courts will return to in-person hearings and proceedings. That being said, now that everyone has gotten adjusted to the ease of electronic communication, it will be tough for everyone to shift back.

We often hear about the importance of networking and getting referrals. Is this still true today? Has the nature of networking changed or has its importance changed? Can you explain what you mean?

Networking is essential to the practice of law. Networking allows lawyers to connect with experts in different areas. It is beneficial to have connections that are a phone call away to answer specialized questions. Also, those same lawyers may reach out to you regarding questions about your area(s) of expertise. This can generate business from developing a reputation in the community for your area of expertise. Networking has shifted to a hybrid model of in-person and online. A lot of networking can take place via online resources these days. That being said — attending networking events is still a crucial part of meeting new people and growing your network.

Based on your experience, how can attorneys effectively leverage social media to build their practice?

More and more people are turning to social media for daily news and information. Social media is an excellent place to network and show potential clients the services you offer in case they turn to social media to research you.

Excellent. Here is the main question of our interview. What are your “5 Things You Need To Become A Top Lawyer In Your Specific Field of Law?” Please share a story or an example for each.

A lot of qualities are needed to succeed in the Personal Injury field including intelligence, ambition, and education. To become a “Top Lawyer” requires much more.

First, a “Top Lawyer” needs to be personable. Unlike in many areas of law, personal injury lawyers work with injured people every day. We meet with an array of personalities and have to be able to connect quickly with each and every one of them. A great interpersonal connection with your client will generally allow you to better serve them as their attorney. An established level of trust and rapport will typically allow your client to speak more candidly with you. Without the ability to consistently and effectively connect to your client base, I strongly believe you cannot reach your full potential as a “Top Lawyer” in personal injury.

Second, a “Top Lawyer” needs to have an endless thirst for knowledge. The personal injury field is an always-evolving area of the law. Precedence changes every year allowing for different ways to zealously advocate on behalf of your client. It is very easy to get comfortable with your understanding of the practice of personal injury law. Unfortunately, personal injury law is ever evolving and will quickly pass you by. Without the constant drive to learn, I do not feel one can become and remain a “Top Lawyer” in personal injury.

Third, a “Top Lawyer” needs a functional work-life balance. Burnout is a very real threat to personal injury lawyers. Often, personal injury lawyers will work sunup to sundown preparing for trial or reviewing medical records. A personal injury attorney needs to reserve time for themself. Exercise, relaxation, socialization, and sleep all help a personal injury attorney to consistently provide top-notch service. Without a respect for a work-life balance, I do not think a personal injury attorney can consistently provide “Top Lawyer” service to clients.

Fourth, a “Top Lawyer” needs to love representing personal injury clients. I am a strong believer that if you love what you do, you never really work a day in your life. Personal injury attorneys need patience, passion, and compassion. A love for your work makes it easy to remain patient with your clients and an opposing party, makes it easy to pour passion into your representation, and makes it easy to have compassion for everyone involved in your cases. Without loving what you do, I do not think one can be a “Top Lawyer” in personal injury law.

Fifth, a “Top Lawyer” in personal injury needs the intangible ability to present a case at trial in a way that vividly illustrates the life-changing event that changed the Plaintiff’s life. Some personal injury attorneys do not like going to trial. Unfortunately, the defendant’s representatives will not always make a fair offer on a personal injury case. Sometimes a trial is necessary to get a fair outcome for your client. An attorney who can connect with the jury and allow them to understand how an incident forever impacted a Plaintiff’s life is essential. Without this intangible quality, I do not feel an attorney can be a “Top Lawyer” in personal injury law.

We are very blessed that some of the biggest names in Business, VC funding, Sports, and Entertainment read this column. Is there a person in the world, or in the US with whom you would love to have a private breakfast or lunch, and why? He or she might see this. :-)

Breakfast with a successful and driven entrepreneur would be fascinating. Though I am always open to meeting with any entrepreneur, Caroline Linsay is one that comes to mind. She is a local animal activist and realtor here in Atlanta who has successfully grown her own business. It is always nice to sit down and share ideas with a like minded entrepreneur. I am sure I could learn so much from her or any entrepreneur as they have taken a dream and turned it into a thriving business.

This was very inspiring. Thank you so much for the time you spent with this. We wish you continued success and good health!

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Chere Estrin
Authority Magazine

Chere Estrin is the CEO of Estrin Legal Staffing, a top national and international staffing organization and MediSums, medical records summarizing.