Top Lawyers: Robert Capovilla On The 5 Things You Need To Become A Top Lawyer In Your Specific Field of Law

An Interview With Chere Estrin

Focus. Every trial lawyer knows the biggest challenge is to pinpoint exactly and only what is needed to get across to a panel or jury. What matters most, in the end, is to get to the heart of the matter with only the most relevant facts of the issue. I once represented a decorated navy diver accused of serious crimes. The case file was over 800 pages and included many irrelevant concerns. I had to focus on just the two or three most critical points I knew would make my case and move the needle for the jury. I secured a full acquittal in part because I was able to focus and block out all the noise that didn’t make a difference to my client’s cause.

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 Robert Capovilla of Capovilla & Williams.

Robert Capovilla defends and litigates on behalf of active service members and veterans who face accusations of violations of the Uniform Code of Military Justice to protect their rights throughout the military justice process. Prior to entering private practice, he served as a Judge Advocate in the Army JAG Corps, where he was personally selected by Jag Corps leadership to handle some of the most complex, difficult cases. Robert also teaches and lectures frequently on military justice and law issues, and on litigation skills and techniques.

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 was a sophomore in high school in 2001 when 9/11 happened. I immediately decided that I needed to serve my country and try to do my part. However, my mom and dad did not want me to enlist out of high school; they wanted me to first get my education. My path became crystal clear when I learned about the U.S. Army Judge Advocate General’s (JAG) Corps at age 18: I was going to get my undergraduate degree, go to law school and serve my country as a JAG Officer. And that’s exactly what I did.

While serving in the Army JAG Corps, I developed a true passion for defending service members whom I felt were falsely accused of crimes. I especially felt a calling to help men and women suffering from PTSD who believed they did not have a voice. My law partner and I started Capovilla & Williams to help every soldier, marine, sailor or airman facing accusations that require legal assistance. Our firm focuses on vigorously defending our service members who are being prosecuted under the Uniform Code of Military Justice.

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

Capovilla & Williams represents active-duty service members and veterans facing criminal prosecutions or investigations and who need experts in military law and experienced trial attorneys. We fight to make sure the innocent are not unjustly convicted. We represent hundreds in over 50 locations throughout the world.

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. Courage. It takes courage to litigate serious felony level cases for a living. I pride myself on standing up against the U.S. government and zealously representing my client. I am utterly unafraid to challenge the system and fight for what I believe is right. As a junior captain in the Army, I was assigned to a high-profile murder case. At this point, I had only been a defense attorney for a less than six months. The prosecutor was an experienced LTC who served as my evidence teacher at the Army School House. I was scared at first and intimidated. I worked hour after hour to master the case and practiced continuously behind closed doors. I ended up getting a great result for client. That was learning how to have courage with on-the-spot training.
2. Discipline. The Army taught me to be disciplined and focused. This separates me from the pack and grants me the ability to do the best work that I am in capable of doing. I know how to block out the rest of the world and focus intently on my cases. Trial work requires laser-sharp focus in everything from the opening statement through the last sentence in the closing argument. As a JAG officer, I was required to be both an attorney and a military officer. When I was training for Air Assault School, I would have to wake at 0330 to be on base by 0500 to conduct additional physical training for Air Assault School before I needed to report to my unit for mandatory physical training at 0600. After that, I had to be at the office no later than 0900 where I was expected to work as an attorney for the remainder of the day. That taught me discipline.
3. Passion. I fundamentally believe that all men are innocent until proven guilty. This is a driving motivation in my life. I love standing up for the little guy who needs a voice and I get to do that all the time. I tell the attorneys at my office that this is not a law firm, it’s a calling. That’s how I truly feel. I had the honor of representing a first-generation American citizen who joined the Air Force. He was falsely accused of a serious crime. He was ostracized because he looked different, talked different and had different customs. We earned a full acquittal in his case, and I’ll never forget that feeling. That’s why we do what we do.

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

Yes. God has brought the right people into my life at the right times. All praise and glory go to him and him alone. I also think that luck is a product of focus, discipline and vision. I spend a lot of time in meditation picturing my practice in precise detail and I have the courage to follow through on my ideas. The more precise my vision; the more luck, or blessings, I receive.

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 do not think aspiring attorneys need to attend a top-tier law school. However, I do think finding a place where you can grow and thrive is key. I attended a small law school where I really got to shine. As a member of the moot court team, I found my litigation voice and thrived.

Unfortunately, most law schools teach nothing about the business, common sense or courage needed to follow your passion and run your own law firm or legal practice. The skills that matter are those acquired by studying other successful lawyers, and those obtained from lessons of failing and getting back up to succeed.

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 have spent more time learning economics, personal finance and business systems and less time on philosophy or political science.

I would also tell myself to relax, pray more and go hunting with my dad. I lost my father in the spring of 2016 and miss him every day.

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

When I was a freshman in high school, I was 5’6” and 130 lbs. Another guy in my gym class picked on me every day. Finally, one day, I stood up for myself and we got into a big fight. We were both suspended from school, but I never was picked on again.

These experiences fueled my motivation to stand up for the individual who needs a voice, who feels like they are being bullied. I am driven to fight against unjust prosecutions, biased judges and government overreach. I fervently believe in the Constitution of the United States and that our government cannot take everything away unless they prove that case beyond a reasonable doubt. This is my calling, my passion.

We have an entire generation of service members who are combat veterans. They left and fought for our country. They lost their friends and survived the most difficult situations. When they returned home, they were not the same. In my experience, we must fight to ensure that these veterans are treated fairly and that they receive the help they need, such as battling against the VA for the benefits they have rightfully earned. Providing them with legal assistance that gives them assurance, comfort and answers is a significant motivating force for my firm.

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

We currently represent more than 100 service members such as Delta Force Operators, Army Rangers and Space Force personnel situated across the world who are in need of experienced military defense attorneys. I find all our work incredibly unique, exciting and gratifying. One of the newest areas we are working in involves medical and religious exemptions for COVID vaccines. This vaccine has a very specific and different impact on the armed forces, moreso than all other vaccine requirements in the past. We are helping a number of officers and senior non-commissioned officers with more than 10 years of active service duty navigate through COVID vaccine mandates to protect their first amendment rights, and if they can not take this vaccine, we are working to ensure that their rights are being upheld.

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

We want all service members to know that Capovilla & Williams is their go-to law firm to help them find a voice; that we are synonymous with military justice and military defense. Our firm is where active-duty personnel and veterans can turn to for help, support and strength.

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

Successful — As a young defense attorney, I represented a decorated Army Ranger. He had deployed many times and had incredible accomplishments. However, he suffered from the most extreme PTSD I had ever seen, to the extent that he would wake up during the night in full combat gear believing that his house was under attack. When he had made a mistake, even after all his successful achievements, he was treated inhumanely. His rights were violated and he was punished before he ever had his day in court. After months of litigation, stress and struggle, we were able to secure an Honorable Discharge for him. To this day, I tear up when I think about this soldier.

Funny — I once tripped in court while standing up from my desk to deliver a closing statement. I laid on the ground for a few seconds, laughed and got back on my feet. I could not help but smile and the jury smiled with me. I tell the attorneys at my firm all the time — do not be afraid to make a mistake — in trial work, it’s inevitable. Laugh at yourself, show humility and move on.

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?

The practice of law should be rewarding and fun. I tell our attorneys to work from home if they want; come into to the office if they want; or travel and work while they travel. In other words, I want them to live the life they want to live. I do not want to force anyone to sit at a desk eight hours a day, and like for many others, COVID is what changed my thinking on this. I recognized that the practice of law can be a lot more fun without a two-hour commute sitting in traffic.

I am a fan of working remotely as long as clients are taken care of and deadlines are met. I fully expect remote meetings with clients and appearances before judges will continue to be an option in the future. Except for a contested trial, much of what we need to accomplish can be done via remote means. This allows for more time with family, more time at the gym, and more time doing other enjoyable things. I’m all for it.

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?

In our line of work as trial lawyers pre-COVID, we hardly ever appeared before court via Zoom. Since COVID, we have been able to appear remotely via video in a number of different hearings, which is really wonderful for our clients. They get the benefits of our courtroom skills but don’t have to pay for our travel! In addition, we have been able to represent more service members in more locations around the globe.

I hope that military justices remain flexible with civilian counsel to appear via Zoom. However, in trials, I know that personal appearances may be vital. But if hearings can continue to be flexible, we will be able to help many more service members than was possible before.

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?

Referrals are always an important part of our business. Building relationships with other attorneys and our clients is important. Most attorneys now know that getting their name out in diverse ways to reach various target audiences is vital. Referrals are necessary but relying on that alone means missing out on broader opportunities for growing a law practice.

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

Possibly due to the specific nature of our work, I see little value to marketing on social media platforms. It’s not how we are able to generate new business.

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.

1 . Passion. The attorneys at our firm litigate high-level felony allegations each week. If they aren’t dedicated and passionate about defending service members, they will not make it in this field or succeed at our firm.

I decided to leave the U.S. Army as an officer in order to practice privately to continue to defend and give voice to soldiers as someone who would truly understand their needs. The Army wants their attorneys to be well rounded, but I wanted to only and specifically help those who needed a defense attorney and experienced litigator. My motivation for leaving the army was because I believed in this with all my heart, it was and is my passion.

2. Story Telling. Great trial attorneys have to tell the truth to a jury in such a way that every juror can relate. Once, a prosecutor I faced gave the jury a ‘hell and brimstone’ level story — and he instantly lost credibility. I shared a common-sense based story, which the jury understood and appreciated. I was able to secure for my client a full acquittal, validating that excellent story telling skills are necessary.

3. Litigation/Trial Skills. Defending service members is a very litigious area of law. I am in court all the time in contested trials and I have to know rules of evidence like the back of my own hands. Before any trial, I spend hours reading to make sure I can apply my skills according to the rules. Every morning, whether in or out of court, I continue to study and read rules of evidence so I am confident that whenever I next step in the courtroom, I have the technical skills necessary to protect my client’s rights.

4. Focus. Every trial lawyer knows the biggest challenge is to pinpoint exactly and only what is needed to get across to a panel or jury. What matters most, in the end, is to get to the heart of the matter with only the most relevant facts of the issue. I once represented a decorated navy diver accused of serious crimes. The case file was over 800 pages and included many irrelevant concerns. I had to focus on just the two or three most critical points I knew would make my case and move the needle for the jury. I secured a full acquittal in part because I was able to focus and block out all the noise that didn’t make a difference to my client’s cause.

5. Humility. Every single trial lawyer has made at least one mistake in court. It is 100% okay to laugh at yourself in court — make the jury or panel see you as a human being. Having humility means you are unafraid to make mistakes. I once totally forgot what I was going to say halfway through my closing argument, which has never happened before. We were on day 7 of the trial and everyone was tired. I walked to the podium to view my notes, made a little joke, and got back at it. Nobody is perfect and mistakes will happen. Have the humility to smile at yourself and move forward. The jury will smile with you.

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. :-)

This is a tie between Arnold Schwarzenegger and Cormac McCarthy.

Arnold is the most successful immigrant to ever come to the United States. Through pure grit, determination and vision, the man accomplished everything he ever dreamed of. I would love to pick his brain about meditation, health and nutrition, vision and focus. He is the true American success story.

As far as Cormac McCarthy goes, I would love to have a conversation with the man who wrote The Road and All the Pretty Horses. He is the most brilliant American novelist since Mark Twain, and I would love to find out what inspires him to write such deep and meaningful stories. “You have to carry the fire,” is my own adopted personal slogan. Life is that simple. Carry the fire.

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: Chere Estrin is the CEO of Estrin Legal Staffing, a top national and international staffing organization and MediSums, medical records summarizing. She is the Co-Founding Member and Vice-President of the Organization Legal Professionals providing online legal technology training. Chere has written 10 books on legal careers, hundreds of articles and has been written up in publications such as the Los Angeles Times, Chicago Trib, Newsweek, Entrepreneur, Above the Law and others. Chere is a recipient of the Los Angeles/Century City Women of Achievement Award, a finalist for the Inc. Magazine Entrepreneur of the Year award and a Los Angeles Paralegal Association Lifetime Achievement Award Recipient She is a former administrator at an AmLaw 100 firm and Sr. Vice President in a $5 billion company. Reach out at: chere@estrinlegalstaffing.com.