Jeffrey Pollak: Why Law School Fails to Teach You How to Actually Be a Lawyer

As a part of my series about “5 things I wish someone told me when I first became an attorney” I had the pleasure of interviewing Jeffrey Pollak.

Jeffrey Pollak is Principal Attorney at Marble PC, a new kind of law firm recreating every step of the legal process to expand access to legal care. At Marble, Jeffrey takes a compassionate, transparent, people-first approach to legal services. He has a wide array of experience in providing high-quality legal services to a diverse group of clients, including both businesses and individuals throughout California.

Thank you so much for joining us! 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?

My wife and I got married while I was in my last year of law school, and while I had some big firm opportunities, I knew pursuing those opportunities wouldn’t allow me to be simultaneously present in my personal and professional life. I also knew that a more traditional big firm wouldn’t fit well with my entrepreneurial spirit. Given my reservations, I decided to start my career with more “real-world” lawyering at a smaller law firm, and in retrospect I’m happy I did. I made my first court appearance the day after I was sworn in as an attorney and I think that was a crucial part of my development because, frankly, law school doesn’t in any way teach you how to actually be a lawyer. But, besides the practice of law component, that smaller firm experience gave me perspective about how a law firm operates as a business and how attorneys typically spend a substantial amount of time burdened with non-legal administrative tasks. My early career experiences also exposed me to the reality that there hasn’t been much, if any, innovation in the legal profession. I have many theories for why that may be the case, but at its core I think it’s a result of this being a historically established profession with widespread blind acceptance of the status quo.

The culmination of these experiences was a substantial factor leading to the creation of Marble, where I serve as Principal Attorney. At Marble, we’re reimagining every step of the legal process to provide people with remarkable Legal Care — a new, compassionate, transparent, people-first approach to legal services. Marble removes the administrative burden that’s historically been present, and while that’s a huge plus for a lawyer, the real benefit is that it allows an attorney to focus on providing our clients with remarkable Legal Care.

Can you share the funniest or most interesting story that occurred to you in the course of your law career?

I once worked on a highly contentious divorce case that felt like it would never end. Emotions often run high when it comes to family law, and this case was no exception. After countless months, and against all odds based on the personalities we were dealing with, we were able to negotiate a settlement that should have resulted in the entire matter being resolved. Despite managing to agree upon how to divide millions of dollars in assets and complicated child custody, visitation, and support issues, the case still proceeded to trial on a single issue: which party would get to keep the golden retriever. While going to trial on that single issue would be good for me from a business standpoint, I’ve always placed my clients’ interests above my own. Fighting about the dog (which frankly she didn’t really even care about) was certainly not in my client’s best interests, so I even offered to buy her two new golden retrievers if she’d just finalize the matter for her and her children’s sake and move on. You can’t make this stuff up!

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

It would easily have to be working on the launch of our Marble Does More pro bono program. My family and I strongly believe in the moral importance of getting involved and giving back. As an attorney, I’ve always felt a personal obligation to help those who don’t have the resources to acquire the Legal Care they desperately need, and I’ve always been a huge advocate of pro-bono work. It’s something that fuels not only myself but also all of the other incredible people that make up the Marble family. That’s one of the reasons why I’m so passionate about getting the Marble Does More program off the ground. We’re looking to allocate $50,000 per month in overall case value and/or attorney time towards no-cost legal services for those individuals who need it most, like victims of domestic violence, child neglect, and so much more. We really feel an obligation to use the unique skill set we have as legal professionals. The practice of law is obviously a business, and you’ve got to keep the lights on as they say, but it’s 100% possible to keep the lights on and also give back. There’s plenty of room for that.

What are some of the most interesting cases you have been involved in? Without sharing anything confidential can you share any stories?

I have experience representing and counseling businesses and individuals in such a diverse and wide array of practice areas that there are so many stories I could share! But, truly, interesting people and personalities have always been the common denominator for me when it comes to the most intriguing cases. I’m always trying to get an understanding of what makes a person tick. That applies equally to attorneys or parties that are on the opposite side of the negotiation table as it does to the clients I’ve served. I love getting to know who our clients are as we navigate their specific legal needs. Learning about their goals and priorities is key to figuring out how we can arrive at the most advantageous solution.

Which people in history inspire you the most? Why?

Wow! There would be so many people I could name. If we’re talking about a person in history that’s inspired me the most as an attorney, then I’d have to say Abraham Lincoln. Besides his obvious historical accomplishments, he was a person who valued the role of the attorney — and his role as an attorney — in a way that I’ve always found incredibly noble. In my opinion, he had one of the most — if not the most — ideologically pure views of the attorney and the role we can and should play in society. Lincoln knew that a lawyer’s unique skills could be manipulated by some who wish to do wrong, and he was very clear that no client could have ever had enough money to bribe his conscience when it came to this type of thing.

My favorite Lincoln quote embodies a philosophy I’ve tried to put into practice every day as an attorney: “Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.” I admire his integrity as a legal professional. It’s something I strive to embody.

I’d be remiss if I didn’t also say what an inspiration my grandparents were to me. They were all Holocaust survivors, and their ability to still find joy after experiencing such unimaginable horrors is a constant reminder of not only how precious life is but that it’s supremely important to focus on the positive.

What advice would you give to a young person considering a career in law?

My three pieces of advice for young people considering a career in law are:

Take your work seriously. In the legal field, the stakes are high. You’re dealing with real people and real problems, and that is not something that should be taken lightly.

Establish healthy boundaries. As an attorney, it’s possible to fall into a role that is similar to that of a counselor or therapist, and consequently, get swept up too deeply in the emotion of the cases you’re dealing with. Setting boundaries is crucial to your professional success and necessary for the sake of your own mental health. Beyond that, it also allows you to remain objective and perform your services at the highest level you can.

Think outside the box. Cookie-cutter solutions usually don’t yield the best results when every legal case is unique and nuanced. Be creative when problem-solving. Just because the door’s locked doesn’t mean you can’t climb in through the window.

If you had the ability to make three reforms in our judicial/legal system, which three would you start with? Why?

Incorporating more technology.

The pandemic was a catalyst for courts to introduce technology in and out of the courtroom. More Courts have implemented robust case searches, document downloads, remote video appearances to hearings, and more. Technology not only improves efficiency in the legal system but also increases access to the legal system and reduces costs and fees.

More mandatory alternative dispute resolution (ADR), with some built-in incentives for resolving cases amicably.

ADR is usually allocated for parties who have some interest in informally resolving a dispute, which makes sense because it takes two to tango. What’s the point in forcing two people into a room to talk if one or both of them aren’t interested in finding a solution for peace? On the other hand, the vast majority of cases do end up eventually settling, even if it happens only moments before trial. By the time many cases ultimately settle, years may have passed, with a substantial amount of money already having been spent. Incentivizing early resolution via ADR would not only help litigants but also help to relieve a backlog in an underfunded (and in many ways overwhelmed) court system.

3) More focus on education and rehabilitation vs. punishment.

This applies to criminal law, but also to family law matters. It makes sense for there to be some punishment component when illegal (and/or unethical or unscrupulous) behavior has occurred, but I believe that education and rehabilitation would likely have a more long-lasting impact. The impact would not only be to those directly involved but also to others that either currently interacts with that offender or will interact with them in the future. A greater emphasis on education and rehabilitation is ultimately what’s needed to create generational change in our current legal system.

How have you used your success to bring goodness to the world?

The ethics I bear in mind as an attorney are also the ethics I bear in mind as a parent. I have three kids, and my wife and I have always tried to instill in our children the importance of giving back. I truly believe that when you encourage others through your good deeds, it has a ripple effect and ultimately makes the world a better place.

I know this is not an easy job. What drives you?

An attorney is uniquely equipped with the ability to put people at ease and provide others with the clarity they’ve been searching for. Being able to help people as they navigate through some of life’s most difficult moments is what drives me.

What are your “5 things I wish someone told me when I first started” and why. Please share a story or an example for each.

It will take years before you feel like an actual lawyer. There’s a real “fake it till you make it” component to the first 3–5 years of practicing law, and that’s okay. Don’t put up a facade to try and “prove yourself” to an opposing counsel who has been practicing much longer than you. Just keep your head down, focus, trust yourself, continue to learn, and always remember to place a client’s interest above your own.

You need to redefine what the terms “winning” and “losing” mean in the context of a case. With a litigation matter, “winning” doesn’t always mean your client is the one on the receiving end of a recovery. For example, if your client is looking at a potential loss of $250,000, and after a hard-fought case they ultimately have to pay $25,000, it’s not inappropriate to look at that as a victory. The law is filled with nuance, and this is just an example of that.

Learn when to stop talking. When you’re arguing before a judge, and it looks obvious that they’re buying what you’re selling…stop talking! I can’t tell you how many times I’ve seen a person clearly winning an argument in court, only to stick their own foot in their mouth and give the other side unnecessary ammunition.

Never compromise your own ethical standards or abandon your moral compass when helping a client achieve their objectives. Being a zealous advocate is the hallmark of our profession, but zealous advocacy doesn’t automatically equal “win at all costs.” The ends do not always justify the means.

Always be a rock, a cheerleader and a champion for your client’s cause, but set appropriate boundaries both for yourself and for your clients. No matter how close to home a case seems or how much pressure you feel because you know an adverse ruling could have a devastating effect on your client’s life, don’t ever forget that you didn’t create the situation your client has found themself in. Everyone is responsible for their own actions and, as an attorney, that means doing the very best you can for your client, as a human being and as a lawyer.

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 whom you would love to have a private breakfast or lunch with, and why? He or she might see this. :-)

It would have to be Paul McCartney. I have a deep love of music, and was in several bands before I had to grow up and get a real job! My oldest son must have inherited this from me, and he’s a talented musician in his own right. Like so many millions of others around the world, The Beatles were (and are!) an inspiration to me, and Paul has always been my favorite Beatle. Being able to spend some quality time talking with him would be the dream of a lifetime. As much as I’d love to dive deep into stories about his catalog, I think I’ve pretty much read everything he’d have to say about them already. So, what I’d really like to talk to him about is what it was like being involved in music at a time in this country, and in this world, that was so fundamentally transformative.

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