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A Lawyer
Perry D. McDaniel
Chief, Office of Legal Services
WV Department of Environmental Protection
Charleston,
WV
At what point
did you decide to go into law and why?
I attended forestry
school at WVU and developed an interest in the management of natural
resources. I intended to pursue a graduate degree in natural resource
policy. After graduating, I worked with the Forest Service for a
few years. My interests in natural resource policy developed into
an interest in environmental law and policy. I then decided to pursue
a law degree which I believed would provide more flexibility for
an environmental policy career. However, I did not expect to become
a trail lawyer.
What best
prepared you for your career?
Courses taught
on coal industry issues and on public policy issues. Those courses
and discussions with professors helped me put the legal principles
in perspective. Success in my career does depend on researching
legal precedent and following court procedures. More significantly,
however, my success as a lawyer and as a public agency lawyer depends
upon my ability to analyze cases from a larger perspective.
In what way
does your career satisfy you?
I have a deep
interest in natural environment and the impact of natural resource
development on the environment. While in private practice, I was
able to spend only a small part of my time on environmental issues.
Most of the work was pro bono for citizens or environmental organizations.
I now have the pleasure of working on environmental law full time.
As Chief of the office of Legal Services, I participate in discussions
where policy is established. Therefore, I am able to blend my interest
in law with my interest in environmental policy.
In your career
what do you find frustrating?
Finding time
to accomplish all the tasks I would like to work on. Early in my
career, I worked very long hours and weekends. Now that I have two
young children, I want to limit my weekend and evening work. I am
fortunate to have other attorneys assisting me.
As a college
student, how did you know for certain that this was the right career
for you?
During my undergraduate
years, I laughed at the suggestion that I attend law school. I viewed
lawyers as prima donnas and generally interested in making money.
When I decided to go to law school, I wanted training to assist
me in a public interest or public policy position addressing natural
resource development and conservation. In school, I was intrigued
by how legal issues and principles were involved in all aspects
of society. My interest in addressing problems was cemented by my
second year in law school.
If you would
like to leave behind a legacy, what eould you want it to be?
From a professional
standpoint, I would like to assist in developing a regulatory approach
to environmental policy that is progressive. In the meantime, I
am working for a reputation as someone who is fair, but who diligently
and aggressively works to achieve the goal of environmental protection.
Do you feel
adequately compensated for your dedication to public service?
During my years
in private practice, my firm did not believe in maximazing profits
or personal income. Therefore, I was able to donate my services
to public interest organizations. In my current job, I am adequately
compensated financially. My primary "compensation" is
working with professionals throughout the agency who strive to work
hard and pursue the mission of the agency.
What advice
would you give a college student trying to get into law school?
Go to law school
with an open mind; the legal process can often create more problems
that it intends to solve and the best solution is often not litigation.
I recommend against attending law school just because the job looks
cool on television shows. Litigation does not get wrapped up as
neatly and quickly as presented by Hollywood. There is a lot of
work involved and it will get very tiring unless it is in an area
of law which you enjoy. The law evolves even though many of the
principles have been established for many years and precedent allows
for some predictability in life which assists society in resolving
disputes.
Describe
the first interview you had in this field. What would you do differently?
I interviewed
during my second year of law school for a summer position with the
U.S. Attorney's Office and I was chosen for the internship so I
must have done something right! I recall being extremely nervous
and feeling uncomfortable in a setting with lawyers. I was fortunate
in that the interviewers were relaxed and friendly. I learned to
be relaxed and not answer in a rehearsed or scripted manner. How
lawyers handle situations is often more important than having the
facts or law to back up their position. Interviewers want someone
knowledgeable, relaxed, confident and self aware.
What particular
skills or talents are most essential to be effective in your job?
A good listener;
a person will take advice better if they believe you clearly understood
their situation and have their best interests in mind before rendering
an opinion.
Open-minded;
just because something has always been done a certain way in the
past does not mean it has to be done the same way in the future
Honesty; every
professional must have integrity, but the trait especially critical
to lawyers. Many judges and others will agree with you on a confusing
issue because they trust you did not misrepresent the facts or law.
Representations for being dishonest travel quickly in the legal
community and will adversely affect a lawyer for their entire career.
Reflective;
Often times a first impression is the right direction to proceed.
However, law is often like chess in that you have to think many
moves ahead and anticipate the reaction to any action you take.
Courtsey and
civility; lawyers do not understand the fear most people have of
lawyers or the legal process. For example, if a lawyer pursues a
personal injury claim the lawyer will have a process server or a
county sheriff's deputy serve the complaint on the individual responsible
for the injury. It is best to include a cover letter explaining
that service on them is required but that their insurance company
should handle the matter for them. Lawyers also need to be civil
with one another. Zealous representation does not require screaming
at opposing counsel or accusing opposing parties of lying. Law is
stressful enough without adding to the unpleasantness of litigation
by impolite behavior.
Interviewed
by Christina Gardner for a College 101 assignment on 12/01.
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