David C. Frederick

WASHINGTON, D.C. - Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. partner David C. Frederick represents clients across a broad spectrum, principally in appellate courts. He has argued more than 100 appeals, including 55 in the U.S. Supreme Court, in every U.S. Court of Appeals, and in five state supreme courts. He has won or settled cases in the Supreme Court thirteen years in a row.

Frederick has given his fair share of opening statements during trials, but he was impressed with one given by a firm partner which closely defined effective representation for their client.

"My partner Jim Webster gave an opening in a trial in 2022 that superbly summarized what the evidence showed, anticipated what the other side would say about that evidence, and laid the groundwork for having our witnesses take the other side's lawyer to task about what he had said in the opening," Frederick said.

After a period of unprecedented closures during the COVID-19 pandemic and the installation of technology-related safeguards, trials and courtroom activity may have changed from what many attorneys have experienced during their prestigious careers.

Frederick believes some people may appear to have shorter attention spans than they once did.

"As a result, trial presentations need to be especially tight, with pace and moments that have memorable impact," Frederick said. "In a recent trial, we found that videotaped deposition testimony drew closer attention than live witnesses, which was the opposite of what we expected. We had made sure to edit the videos, so they were crisp and impactful."

Frederick's advice to young attorneys who aspire to handle litigation practices should pay close attention to what more experienced lawyers are doing.

"If you can't understand why they made the choices they made, ask them," he said. "Our profession is more of an art than a science, so developing judgment is the key attribute for any rising attorney. Of course, that takes hard work, diligence, and attention to detail."