David Osterman: A Reputation for Excellence Built on a Foundation of Civility
Goldberg Segalla partner David S. Osterman’s distinguished career has been defined as much by his unwavering commitment to collegiality as by his many accomplishments. A natural born collaborator and respected leader, his success emerged early and endured throughout nearly four decades of practice.
Consider: By the time Dave was 30 years old he had already taken 30 cases to verdict, including the largest consolidated asbestos trial in New Jersey for that time. He received the prestigious Martindale-Hubbell AV rating early in his career, an honor that comes from one’s peers for exhibiting the highest levels of professional excellence, skill and integrity. He also became one of the youngest-ever fellows at the American College of Trial Lawyers, which he went on to chair for the state of New Jersey.
There have been consistent accolades along the journey: recognition from Best Lawyers, Super Lawyers and Chambers. BTI client surveys even singled Dave out as one of the Client-Service All-Stars recognized nationwide for his commitment to true client partnership, strategy, advocacy and innovation.
“My number one goal is to understand my client’s goals so we can mutually develop the most effective and efficient strategy for achieving that goal. It is not enough to be a good lawyer; clear and prompt communication about how we are implementing the plan and making progress towards the goal is just as essential. No client should ever have to worry about the status of an important case,” Dave said.
A nationally regarded trial attorney and trusted leader of an Am Law 200 firm practice group, Dave’s work today focuses on defending complex product liability matters and class-action lawsuits. Now in his 37th year of practice, the Princeton-based litigator has tried more than 60 cases to verdict in seven states and the District of Columbia and has earned certification by the New Jersey Supreme Court as a civil trial attorney. Yet, his record of accomplishment notwithstanding, there’s been another hallmark in David Osterman’s career which has been integral to his success: Civility – toward his clients, adversaries, judges and colleagues.
“I was always very proud to receive the AV rating through Martindale-Hubbell as an associate,” Dave said. “I was lucky enough to work with excellent lawyers who themselves had excellent reputations and took great pride in that, and they modeled for me what I would call ‘true professionalism.’”
That commitment to professionalism has been evident throughout his career. In fact, Dave was recently selected by the New Jersey Supreme Court to serve on the New Jersey District VII Ethics Committee, reflecting the court’s recognition of Dave’s commitment to upholding the legal profession’s highest ethical standards.
Practicing with integrity and civility, said Dave, “serves my clients’ interests. And frankly, it’s the way I want to practice. It’s the way I want to be treated by others. I’ve found so many times over the years that you can just accomplish more of your goals by having a good and constructive working relationship with your adversaries — where your adversaries and the court can trust what you’re representing to them.”
Not only has Dave emulated the examples set forth by his own mentors, but he’s also worked selflessly to instill those same lessons in those just beginning their legal career, investing time and energy into helping them map out a successful and rewarding career.
“I really enjoy it. It’s fun and it’s worthwhile,” Dave said of his service in the American College of Trial Lawyers judicial intern mentorship program. “I’ve been able to work closely with a lot of people who were then-junior lawyers and are now accomplished senior litigators. I’ve always valued those connections. As somebody who’s benefited from the experience of more-seasoned lawyers in my own career, I feel a sense of obligation.
“I’m a big believer that you can’t learn our craft through emails and Zoom calls. You have to have one-on-one interaction with people. You have to observe how more experienced lawyers talk to their adversaries, how they talk to clients, and judges. You learn by participating. Law is a participatory sport.”
In fact, even this deep into his own distinguished career, Dave continues to learn.
“If you have any level of humility, you’ll recognize you can always learn,” he said. “I’m always learning from observing others. I watch and try to steal the good habits of many of my partners. And so, I just think lawyers can constantly learn by watching.”
Any young attorney observing David Osterman would witness a highly skilled lawyer whose approach is set upon the cornerstones of practicality, efficiency, mindfulness and communication.
As a defense attorney, said Dave, “I’m always mindful that I’m never representing the more-sympathetic party in the litigation. So, I’m starting from that disadvantage,” which demands that he diffuse the emotions which often surround a case “with a logical, calming approach.”
And critical in ensuring that approach is effective is learning as much as possible about a client’s product, meeting with the people who know the product best, and working closely with the experts to understand their theories, their testimony and how they fit the case.
“Every case is different. Even though many of them involve similar issues or claims involving similar products, every case is unique. One of the few things I can control is how hard I work,” said Dave. “I’ve always been of the view that any client who makes the decision to hire you has gone out on a limb and it’s my job to make them look good for having made that decision. So that means keeping them informed and partnering with them on every key decision in the case.
“The first rule always is: No surprises. Give them straight advice: ‘Wherever we’re going, it’s a rollercoaster ride. Don’t get too excited with the highs and don’t get too upset with the lows. Let’s set a goal. Let’s set a path, and let’s get through it together.’”
Again, it’s about practicing with integrity and civility.
“I’ve said to clients when I’ve sensed that they want a bulldog approach, that I disagree with that. Everybody has their own style but there’s nothing worse than an inauthentic style. I have no problem fighting zealously for any client. I am happy to do that. But I don’t agree with the ‘bulldog hammer-and-tongs, win-at-any-cost approach.’
“If I’m in a mediation, I sit across from the plaintiff and talk directly to them. If I’m in a courtroom, I’m always going to treat them with respect. It’s the right thing to do, and I also think it’s a more effective advocacy for my client to make my points in a non-emotional way without offending anybody,” said Dave. “The value, I think, that I add is my reputation. It has worked for me. I have the respect of my colleagues, my adversaries and judges, and I don’t intend to compromise that.
“I learned this a long time ago: Careers are a long time, and particularly in New Jersey, you’re going to see the same lawyers again and you’re going to be in front of the same judges again. Be courteous. It will pay dividends.”