Top Lawyers: Jay Kelley of Elk & Elk On The 5 Things You Need To Become A Top Lawyer In Your Specific Field of Law
An Interview with Eric L. Pines
Work ethic: There is no short cut to trial work. You must prepare vigilantly for each part of the case.
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 Jay Kelley.
Jay has been managing partner at Elk & Elk since 2017 and a partner since 2011. Jay focuses on civil trial work in state and federal courts. His practice areas include medical negligence and/or wrongful death arising from birth injury, maternal death, surgery, oncological, cardiac, trucking, auto and pharmaceutical causes.
Jay has presented more than 80 cases to juries, including felony prosecution, criminal defense, civil defense and civil plaintiff cases. He has been lead counsel on cases in more than 30 Ohio counties, as well as in appellate courts and the Supreme Court of Ohio.
Jay was appointed court liaison/lead counsel on behalf of all claimants in lawsuits against University Hospitals. He oversaw workup, handling and resolution of Liaison Counsel for all 65 plaintiffs in 2019. The litigation stemmed from a fertility clinic event that left thousands of fertilized embryos and eggs unviable.
Jay was awarded “Lawyer of the Year” in 2021 for Medical Malpractice Law in Cleveland. Since 2016, he has been included in The Best Lawyers in America® for Medical Malpractice Law and Personal Injury Litigation.
Jay has been recognized as an “Ohio Super Lawyer” since 2009, maintains the highest AVVO rating and received a 5.0/5.0 AV Preeminent Martindale-Hubbell® Peer Review Rating™ by members of the Bar and Judiciary for his legal ability and professional ethical standards. He was named to the Top Five in Cleveland by Super Lawyers from 2012–2015, Top Ten Ohio Super Lawyer’s list from 2011–2015 by Cincinnati and Columbus Super Lawyers magazines, Top 100 Ohio Super Lawyers from 2010–2023 and Top 50 lawyers in Cleveland by Super Lawyers for 2009 and from 2012–2023.
Jay speaks internationally to medical and legal groups on the issue of birth injury and medical liability. Jay was a reviewer for the Sixth Edition of Fetal Monitoring, a Multidisciplinary Approach and the Ninth Edition of Pocket Guide to Fetal Monitoring, a Multidisciplinary Approach. A textbook used by physicians around the country on the issue of liability for birth injuries. Jay has a chapter published in the 6th edition of Comprehensive Gynecology, Medical-Legal Issues (2011,) in the 7th edition of Comprehensive Gynecology, Medical-Legal Risk Management (2017) and in the 8th edition of Comprehensive Gynecology, Medical-Legal Risk Management (2022.) The respect of the medical community provides access to leading experts and optimal results.
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 am the first in my family to attend college. When I left for school, it was to major in Chemistry and pursue a career in medicine. At the College of Wooster, I enrolled in two elective acting courses with a visiting professor and developed an interest in public and persuasive speaking. This interest combined with my Chemistry struggles made the decision easy to move towards a career in law.
Can you tell us a bit about the nature of your practice and what you focus on?
My practice focus is on catastrophic civil claims for plaintiffs. The vast majority arise from the medical field. I have a particular interest, and have written in medical texts and lectured frequently, on injuries to mothers and children which arise in the birth process. Maternal and infant mortality rates are alarmingly high in the US and my hope is to not only represent these incredible clients but to also be a force of change to improve delivery of care to help address this crisis.
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?
- Listening is the single greatest trait a trial attorney can possess. Listening for me combines what you see and hear as people communicate in both ways. Too frequently lawyers anticipate answers and focus on their own words and miss what the witness is actually communicating.
- Thoughtfulness on case strategy and goals early and thru conclusion. While we all have techniques which we prefer to use we must accept each case is unique and evolves. Lawyers need to anticipate things and be capable of adapting as facts may differ. Spending time at each stage of the case reassessing the best course is critical to remaining a step ahead.
- Medical knowledge is key to building claims. I speak to medical groups internationally and am published in Gynecology and fetal monitoring texts used by care providers. Each year I participate on medical continuing education courses so I am conversant on medical standards and where industry leaders can be found to support our clients claims.
Do you think you have had luck in your success? Can you explain what you mean?
Absolutely! I was presented with two early opportunities to try cases frequently. My first job was as a felony prosecutor in Summit County. Due to office staffing I was trying high level felony claims alone immediately after passing the bar exam. Managing a court docket created the need for me to interact routinely with the Court, opposing counsel, victims, law enforcement and Juries. It accelerated my comfort level on my feet. A case I tried involved a medical provider as defendant. Following the trial, I was offered a job at a firm doing malpractice defense. The office provided me early opportunities to try 11 jury trials in my first two years.
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?
Yes. The University of Akron, provided unique experiences that introduced me to mentors and practical experiences. I was a member of the Trial Team, and my coaches were largely from the prosecutors office. The clinical experience and exposure to these mentors created the opportunity to go directly into the felony division.
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?
I would tell myself to relax and surround myself with lawyers who are experienced, approachable and professional. The law requires mentorship and time.
This is not easy work. What is your primary motivation and drive behind the work that you do?
I enjoy the work and the visible impact it makes on client’s lives. Seeing a client have exposure to needed resources and therapies that maximize either their independence or therapies is incredibly rewarding.
What are some of the most interesting or exciting projects you are working on now?
Recently I was lead counsel on a large claim where 4,500 Embryos and eggs were lost. To be the liaison counsel and work with 80+ other firms on a large legally unique and medically relevant claim was incredible.
Where do you go from here? Where do you aim to be in the next chapter of your career?
I want to remain curious and keep learning. Law allows you to see new things and grow throughout your career. I look forward to seeing and meeting new challenges.
Without sharing anything confidential, can you please share your most successful “war story”? Can you share the funniest?
I am not a war story guy. I feel like cases are clients and try hard not to make them about myself. I am proud of the fact I have been part of several verdicts which were the largest at their time in given counties and in counties where verdicts were rarely heard of in medical claims.
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 am not a frequent remote worker. That is a personal trait and not a statement on if it works. I believe remote work will have the positive impact of reducing the pressure to have “face time” for young attorneys. The risk is to work life balance and I can see people “always” being at work with technology at home. I fear the impact on young lawyers of diminished mentorship opportunities. I hope firms focus on exposing lawyers in each generation to each other.
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?
Far less travel, less in court hearings versus phone/zoom. This should help reduce case expenses and add time to the lawyers personal or professional life.
Based on your experience, how can attorneys effectively leverage social media to build their practice?
Social media has to be authentic, concise and relevant to consumer. We as attorneys want to have a presence on platforms, but don’t learn anything about these different platforms. We either push our ads or news stories across them all. It is social and informational. Create content that introduces who you or your firm are and provide information that is relevant.
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.
Work ethic: There is no short cut to trial work. You must prepare vigilantly for each part of the case.
Opportunity: You need to put your self in a position to challenge yourself and grow. This means your employer and clients have to trust and support you as you develop your skills. You can read rules and practice in an office, but eventually you need the opportunity to stand up to evolve as a trial attorney.
Mentors: I have had a dozen people who have helped mold me as an attorney. They have been bosses, contemporaries, opposing counsel, clients and courts. In this business you can learn and grow from every interaction.
Curiosity: this is the single most important driver for growth. People often chase success, verdicts or recognition. A lawyer driven by his or her own curiosity will go further than anyone else.
Gratitude: Always be grateful to your client for trusting you to assist in what is likely their largest challenge in their life. It is a privilege only a few of us get.
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. :-)
Retired Supreme Court Justice Souter. I would love to discuss his perceptions of how the practice of law and interpretations of laws have changed through his lifetime. I have seen him speak, he is incredibly articulate and concise. I have two children in Law school who I constantly send quotes and clips from him.
This was very inspiring. Thank you so much for the time you spent with this. We wish you continued success and good health!
About the Interviewer: Eric L. Pines is a nationally recognized federal employment lawyer, mediator, and attorney business coach. He represents federal employees and acts as in-house counsel for over fifty thousand federal employees through his work as a federal employee labor union representative. A formal federal employee himself, Mr. Pines began his federal employment law career as in-house counsel for AFGE Local 1923 which is in Social Security Administration’s headquarters and is the largest federal union local in the world. He presently serves as AFGE 1923’s Chief Counsel as well as in-house counsel for all FEMA bargaining unit employees and numerous Department of Defense and Veteran Affairs unions.
While he and his firm specialize in representing federal employees from all federal agencies and in reference to virtually all federal employee matters, his firm has placed special attention on representing Veteran Affairs doctors and nurses hired under the authority of Title. He and his firm have a particular passion in representing disabled federal employees with their requests for medical and religious reasonable accommodations when those accommodations are warranted under the Rehabilitation Act of 1973 (ADA). He also represents them with their requests for Federal Employee Disability Retirement (OPM) when an accommodation would not be possible.
Mr. Pines has also served as a mediator for numerous federal agencies including serving a year as the Library of Congress’ in-house EEO Mediator. He has also served as an expert witness in federal court for federal employee matters. He has also worked as an EEO technical writer drafting hundreds of Final Agency Decisions for the federal sector.
Mr. Pines’ firm is headquartered in Houston, Texas and has offices in Baltimore, Maryland and Atlanta, Georgia. His first passion is his wife and five children. He plays classical and rock guitar and enjoys playing ice hockey, running, and biking. Please visit his websites at www.pinesfederal.com and www.toughinjurylawyers.com. He can also be reached at eric@pinesfederal.com.
