Douglas Herman, attorney with extensive experience in complex case litigation. He earned a Bachelor of Arts in political science from the University of Pittsburgh and a Juris Doctor from the Widener University School of Law, both with honors. During law school, he was an academic merit scholar and contributed to and edited The Widener Journal of Public Law.
Douglas began his legal career in Pennsylvania, spending three years with Caldwell and Kearns in Harrisburg, followed by four years with Marshall, Dennehey, Warner, Coleman, and Goggin in Philadelphia. He then relocated to Savannah, Georgia, where he worked for a decade as a defense litigator and eventual partner at Oliver Maner, LLP.
Since 2018, Douglas has been the Chief Legal Officer and Director of Litigation at the Hostilo Law Firm. In this role, he oversees a team of attorneys and support staff while assisting with firm management and operations. Over the past six years, the firm’s attorneys have secured approximately $450 million in recoveries for their injured clients.
What is your typical day, and how do you make it productive?
There is no “typical” day in my world, but there are some things that I try to include in most business days to bring some predictability and structure. My day usually begins between 5:45 a.m. and 6:15 a.m. I like to exercise and read news headlines/listen to news podcasts. After showering, I like to have a cup of coffee and send any personal texts/emails that I have on my agenda for the day.
Once I get to the office, I address leftover emails from the day before, as well as any that may have high priority. I speak to other members of the firm management team and to my litigation team to make sure I know what is happening with the firm and our key cases. From there, the days vary greatly to include client meetings, meetings with experts and witnesses, firm administration meetings, depositions, discovery meetings, court hearings, mediations, and case strategy sessions. Toward the end of the day, I like to review my emails and texts from the day to ensure that I have not missed anything significant, and to decide what to prioritize for the next day.
When I do get home, I ensure that I set aside time to focus on the needs of my family and their activities. Usually, before sleep, I will do some additional work to make sure that I am able to start the next day as organized as possible.
How do you bring ideas to life?
The first thing I do is ask the “who, what, where, why, and when” questions. The next thing is to make sure I understand the ultimate goal or objective. Then, I work backward to determine how to get from the idea to the goal or objective, using the information I have gleaned from the “who, what, where, why and when” questions I have asked.
What’s one trend that excites you?
Even though I am a “more seasoned” (read, “older” haha) attorney, I am excited by the continuing impact of new technology on the practice of law. I have always stressed efficiency as the key to good productivity. Technology, if used correctly as an aid to the practice of law (not, as a substitute for human ingenuity) can contribute greatly to an attorney’s efficiency, and thus to his or her productivity.
What is one habit that helps you be productive?
Making lists and keeping a very detailed calendar. Without structure and order, busy people will lose sight of what is important and what needs to be prioritized.
What advice would you give your younger self?
Take time to “read the room”. Young lawyers – especially litigators – tend to be self-starters and hard-chargers, and they often subscribe to the old motto of “fake it until you make it” and lead with their chins. While all these things can be beneficial in the right context, taking time to watch and listen often allows one to determine the best way to get from point A to point B. While smart and talented people usually have great ideas and good messages, they sometimes fail to understand the needs and perspectives of others.
Tell us something you believe almost nobody agrees with you on?
The University of Pittsburgh (my alma mater) will win a national championship in football before I die!
What is the one thing you repeatedly do and recommend everyone else do?
Work harder (and smarter) than the next person.
When you feel overwhelmed or unfocused, what do you do?
Accomplish small tasks and make action-item lists. This helps me to return to stasis.
What is one strategy that has helped you grow your business or advance in your career?
Be willing to outwork anyone else. Malcolm Gladwell’s “10,000 hour” rule postulates that one must devote at least 10,000 of study and practice to something to become an expert. But, even after that, you cannot rest on your laurels.
What is one failure in your career, how did you overcome it, and what lessons did you take away from it?
When I was a younger attorney, I used emotional reactions to things as a source of drive and energy, but sometimes emotional reactions to professional challenges do not yield good results. In one case, I allowed my anger and disgust for the actions of another attorney to “fight the good fight” longer than I should have. The client’s best interests probably were not served, as we may have passed up opportunities to de-escalate the conflict being litigated and to resolve the case on favorable terms. All I did was allow myself to stoop to the other attorney’s level.
Over the years, I have tried to practice the old adage: “Never to wrestle with the pig, because you just get dirty and the pig likes it.” I’ve learned to take some time to reflect and to try to remove emotion from professional situations. It is not always easy to do, but the more times one can do it, the more success he or she is likely to have.
What is one piece of software that helps you be productive? How do you use it?
We use a file and case management system called FileVine. It allows us to be a paperless office and access our documents and notes from anywhere, ensuring that we never miss important deadlines or the need to interact with our clients, and maximizing our time and efforts to obtain the best possible results for our clients.
Do you have a favorite book or podcast you’ve gotten a ton of value from and why?
publication in 2018 is How Democracies Die (it is a NY Times Best Seller). Although written by two academics with Doctorates in political science, it is a relatable, easy read that identifies factors that have led to the downfall of numerous democratic regimes over the last century, and it offers cautionary insights to the readers and our country at large.
As a lawyer, I respect the rule of law and the institutions that have been put in place by our Constitution and other laws to ensure that our democracy continues. When basic truths and facts no longer matter, when we no longer respect the institutions that have served us for over two centuries, and when we refuse to accept that “you win some, you lose some,” chaos and lawlessness is likely to follow. I recommend this book to anyone who is interested in ensuring the continuation of the rule of law and of an ordered and representative democracy.
What’s a movie or series you recently enjoyed and why?
I very much enjoyed the 2024 Netflix limited series Ripley. It is an adaptation of the 1955 novel called the Talented Mr. Ripley and the film of the same name, released in 1999. The cinematography was incredible. The entire series was shot in black and white, with Italy’s Amalfi Coast as its backdrop. Shooting in black and white contributed to the film noir vibe of the series. The casting also was excellent, with the selection of Andrew Scott for the role of Thomas Ripley. The story is so fascinating because Ripley is a bona fide sociopath, who nevertheless exposes himself as a damaged, vulnerable, intelligent man with (albeit, put on) social graces of the well-heeled. It is a story of lies upon lies, and the ball of string which slowly unwinds them all over the course of the series. It is a thriller of Hitchcockian proportions that never allows the viewer to catch his or her breath.
Key learnings
- Make time each day to order (and, if necessary, re-order) your day by creating action-item lists and prioritizing things that need to be done over those that can wait (for most busy people, there will never be enough hours in the day to accomplish everything on your list).
- Resolve yourself to outwork everyone else, but also to use technology, organization, and the talents of others to “work smarter.”
- Take time to consider important decisions, be they personal or professional, and do not allow emotion to drive those decisions.
- Search for “win-win” scenarios that allow you to attain your goals, but which will not leave others feeling put out or marginalized.
- When bringing “big ideas” to life, start at the end and work backward. Visualize and verbalize the objectives or goals, and then determine how to get from point A to point B using the answers to your “who, what, when, where and why” questions.