By Henriette Campagne
The Massachusetts bar contains more than its share of established "stars" — veteran lawyers who, over an extended period, have made names for themselves in one or more practice areas. In this fifth-annual issue, we single out five "rising stars" — attorneys who have been members of the bar for 10 years or less, but who have already distinguished themselves in some manner and appear poised for even greater accomplishments in the years to come.
Though he's not a lawyer himself, over the past nine months Alexander Goldsmith Schwartz has become a familiar face in certain legal circles.
He attended a big client's Christmas party in December, the American Bar Association's annual conference in Florida a couple months later, and a lengthy mediation session in the spring.
Then there was the time he showed up in three different courthouses all on the same day.
Not bad for a guy still three months shy of his first birthday.
"I nursed him in the car and then I took him into the courtroom in his carrier," recalls Andover attorney Sara Goldsmith Schwartz, Alexander's mom. "Superior Court Judge [Peter W.] Agnes looked down from the bench, said 'Cute baby,' and went right on."
Alexander Schwartz may already be logging some serious billable hours, but he's got nothing over his older brother.
Five-year-old Bobby's introduction to the practice of law literally started on day one, with his mother fielding client phone calls from the maternity ward at Brigham & Women's Hospital.
"There are some very funny photographs of me in those first few months," Schwartz says. "I would be in my sweat pants on a conference call with clients, nursing my son at the same time — and nobody would know it."
Over the next five-and-a-half years, Schwartz would go on to build a highly successful law practice in downtown Andover, which today is as diverse and varied as the practice of any labor and employment department in Boston. All the while, she would remain intensely involved in raising her two young children, creating what she calls "a complicated and interesting dynamic."
'A Rat Race'
Having struck a "healthy" balance between work and family as founder and president of Schwartz Hannum, a six-attorney firm that practices management-side labor and employment law, Schwartz considers herself one of the lucky ones.
Things were different not so long ago.
In 1995, Schwartz was working 12- to 14-hour days as an associate in the labor & employment department at Ropes & Gray when she miscarried five months into her first pregnancy.
When she learned she was expecting again, Schwartz took stock of her life and decided to make some changes.
Married to a corporate lawyer who put in equally long days at Goodwin Procter, Schwartz says that "it was a rat race on some level. I didn't want to keep working those hours and have so little control over my own life. But the actual trigger of my departure was the fact that I wanted to be pregnant and a new mom not in a big firm."
So when Schwartz was four months along, she struck a deal with a client with whom she worked closely, agreeing to provide the Fallon Health Care System with 700 hours a year of labor and employment services from the comfort of her home. The best part: a "comparable salary" for working a fraction of the hours she put in at Ropes & Gray.
There was just one "snag." When the fifth-year associate called other clients to announce her impending departure, some of them wanted to come too.
By Dec. 1, 1995, two weeks after she had set up shop in her North Andover home, Schwartz was juggling six clients, several of whom she was representing nationwide. By the following summer, with a new baby in tow and now a dozen clients to try to please, the 30-year-old lawyer decided she was outgrowing her solo status.
But despite how things turned out, Schwartz says she never intended to start her own firm.
"Ropes & Gray was wonderful, but I didn't see that pot at the end of the rainbow — partnership — as anything that I needed to strive for. That was not my goal in life. I was just ready to get off the fast track and be more of a mom."
'A Real Victory'
Make no mistake, though. While she continues to nurse her youngest son several times daily and leaves the office promptly at 4:30 every day, as Schwartz Hannum's primary "rainmaker," Sara Goldsmith Schwartz is working as hard as ever.
With a national and local client list of 70 that includes The TJX Companies, Tower Records, Avon Products, The Children's Museum and Saint Vincent Hospital, Schwartz works at least five days a week — though some, she admits, would say it's more like seven.
Last year alone, Schwartz won two notable employment law cases reported in the pages of Lawyers Weekly.
One of those cases, De Almeida v. The Children's Museum, dates back to 1994 when Schwartz successfully represented the defendant before the MCAD, and again the following year on appeal.
The plaintiff's lawyer then took the sexual harassment case to U.S. District Court where, after a year-and-a-half, Judge Robert E. Keeton dismissed the claim but allowed the plaintiff to file in Superior Court. There, Judge Ralph D. Gants also dismissed the case on a continuing violation theory.
"Part of what's interesting in that case is the substantive law, but what's even more interesting is its procedural history — the fact that the plaintiff gets that many bites of the apple, and we were able to win each time," Schwartz notes. "We never even got to discovery."
Another big win was Modis, Inc. v. The Revolution Group, Inc., et al., in which Schwartz successfully enjoined three individuals from soliciting the clients of their former employer.
When the non-compete case went into expedited discovery, Schwartz's team had to take and defend 25 hours of depositions in a matter of a couple of weeks.
"It was one of the most intensely litigated cases that I've ever handled," she says of her opponent, Boston lawyer Harry L. Manion III.
Not only did Superior Court Judge Richard E. Welch III rule in favor of Schwartz's client in the Modis case, but he commended both sides for the fine job they did in a footnote to his 20-page decision.
"You never see judges commenting on counsel in published decisions," a proud Schwartz points out. "That was really neat to see."
But the employment lawyer is equally proud of a case she defended recently on behalf of her client The TJX Companies (owner of TJ Maxx, Marshall's, Home Goods and A.J. Wright), in which six plaintiffs each alleged an age and sex claim against the defendant.
After years of discovery, Schwartz prevailed at summary judgment in getting 11 of the 12 counts dismissed.
"That," she says, "was a real victory for us."
'Element Of Luck'
Inspired by her late great-grandfather, a lawyer who dedicated his career to the ACLU and argued dozens of cases before the U.S. Supreme Court, Schwartz says she always knew she would practice law one day.
But it was her father — a Brookline internist "who, like most doctors, has absolutely no use for lawyers" — that would ultimately prove to be her role model. (Today, Schwartz laughs, she has redeemed herself by representing health care institutions "as opposed to being an ambulance-chasing lawyer.")
"He was accessible to his patients 24 hours a day, seven days a week, 365 days a year — even when he was on vacation," his daughter remembers. "I watched him love his work every day."
When she considers her own practice, Schwartz sees some striking similarities.
"Enjoying what you do, being dedicated to your clients, and balancing family and work is very much the model I grew up with," she remarks. "I don't think I ever recognized that until after I started the firm and began to create a culture here."
Schwartz says she's worked hard over the past five years to create an environment that's "casual, professional and collegial."
There's no hierarchy in the firm, so if there's photocopying to be done, Schwartz say she'll do it "just like the next person" if necessary.
The firm supports work-family balance (employees' children are a regular fixture at the Main Street office, as are baby swings, PlaySkool toys and a rolled up mattress that pregnant members of the firm use to nap on); offers quarterly profit-sharing/performance bonuses; and, unless a client is scheduled to visit, observes a dress code that includes shorts and jeans.
"That combination is a good analogy for how we operate," she observes. "We are very focused on creating an atmosphere that we all enjoy working in, but that's very professional. And I think we balance that well."
For Schwartz, pulling off what she calls "the mommy-lawyer juggling act" is made possible by the "incredible" support team she has assembled. Key players include her nanny, secretary, law partner William E. Hannum III, and husband Robert, a Harvard Law classmate who used to stay up nights helping her research and write briefs when she first hung out her own shingle.
Though Schwartz says being her own boss has been "a key part of the equation," she acknowledges it's a luxury not all women can afford.
"It's a fabulous thing to do if you have the ability to bring in the work," she advises. "I've been lucky that that's never been an issue for me, but if it's a struggle for a woman to be a rainmaker, it could be very frustrating because, in many ways, it's still a man's world out there."
That's something Schwartz was reminded of recently when she was arguing a summary judgment motion before a Massachusetts judge. When she noted an important admission that the opposing party had made, the judge — "presuming to know what was on the plaintiff's mind simply because the plaintiff was an older man, as was this judge" — told an astounded Schwartz that he would disregard the information.
Comments Schwartz: "I was in open court and felt it wouldn't be in my client's best interest for me to take on the judge — which would have been my instinct."
Instead, Schwartz kept quiet and went on to win the motion. But the experience drove home for her the fact that there are people out there who don't respect her simply because she's a young woman.
"I still face those issues every day, even though I feel like I'm accomplishing something worthwhile," she adds.
Today, Schwartz attributes her ability to manage a law firm that's as big and busy as the employment departments of many of Boston's larger firms to several factors: a terrific education, her clerkship under U.S. District Court Judge William G. Young and the excellent training she received at Ropes & Gray.
Oh, and one other thing: some old-fashioned luck.
"I'm not going to sit here and say I'm the most wonderful lawyer on earth," Schwartz allows. "I hope I'm a terrific lawyer, but there has to be some element of luck. And I think a lot of it is that I've been lucky."
Age: 35
Graduated: Harvard Law School, 1991
Position: Founder/president, Schwartz Hannum, Andover
Most valuable lesson learned from law school: “The role of a lawyer is to be a teacher.”
On the younger generation of attorneys: “The younger generation is recognizing that the pot at the end of the rainbow is not so wonderful anymore — that associates at big law firms are working very, very hard, and if you become a partner you’re going to continue to work very, very hard. That path may not be for everyone.”
Goal upon graduating law school: “To find a niche that I would enjoy and be a great lawyer.”
On pain-in-the-neck lawyers: “I usually initiate a discussion about collegiality and professional courtesy and try to tackle the issue head on.”
What she’d be doing if not practicing law: “Being a full-time mom living on Nantucket.”
On how coworkers might describe her: “Motivated, high standards and a mentor.”
On what kind of reputation she’d like to have in the legal community: “Excellence and integrity.”
Role models: “My father, first and foremost; my great-grandfather; and [U.S. District Court] Judge [William G.] Young.”
Did the practice of law meet her expectations: “Yes.”
On where she’ll be in 10 years: “Probably right where I am ... with more gray hair.”
Advice for young lawyer wannabees: “Don’t be afraid to hang out your own shingle.”
Lawyers Weekly Publications, 41 West Street, Boston, Massachusetts, 02111, (800) 444-5297
© 2001 Lawyers Weekly Inc., All Rights Reserved.
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August 27, 2001
