Rusty's Story
Rusty grew up with his two siblings and his parents in the small town of Monroe, North Carolina, close to Charlotte. Although neither of Rusty's parents graduated from college, Rusty's father, over the years, worked his way up to manage a cotton warehouse. Rusty acquired his work ethic from his parents, who grew up during the depression. While some young boys take on paper routes, Rusty began his journey towards being an attorney by mowing lawns, working in an office, and selling Bibles. Rusty credits any success he has had as a trial lawyer to growing up in a public education system in a small town. Shortly, Rusty will be celebrating his 42nd wedding anniversary in October. The couple is blessed to have two sons.
After graduating from college, Rusty taught American history, and he spent five years in the US Army leaving as a Captain after serving in Vietnam for 15 months. Additionally, Rusty spent a year working as a legislative assistant to Congressman Charles R. Jonas of North Carolina. After working in the District Attorney's Office, Rusty founded the Texas People Against Crime (“TPAC”), an organization addressing criminal justice issues. Initially, Rusty entered private practice in as a founding partner of Hardin, Beers, Hagstette & Davidson before he opened Rusty Hardin & Associates in 1996.
While working as an attorney, Rusty has been honored to work on a number of high profile cases including the following: Arthur Andersen, ExxonMobil, Rice University, Anna Nicole Smith, the Whitewater Case, and for various professional athletes such as Rudy Tomjanovich, Warren Moon, Wade Boggs, Scottie Pippen, Steve Francis, Calvin Murphy, Rafer Alston, and Roger Clemens.
In 1965, Rusty graduated from Wesleyan University in Middletown, Connecticut, and he went on to earn his law degree in 1975 from Southern Methodist University in Dallas, Texas. As for his LSAT scores, Rusty admits that he is an average person. His grades were decent and his LSAT scores were not great, but Rusty was from the South. The University wanted students who grew up in the South to diversify the student body; Rusty received preferential treatment; nevertheless, he attained his JD.
Rusty has experienced a number of losses. Both of Rusty's parents passed away as a result of cancer. Although Rusty's parents lived long and full lives, losing a parent always creates sadness that one must move on from. Further, as Rusty says, “I was one of three.” Rusty's sister died suddenly and unexpectedly. Even though Rusty does not have any specific coping exercises to suggest, he admits that when tragedies occur you feel bad about the tragedy and then you move on.
While some attorneys may enjoy a wide range of interests, Rusty confesses he has only one main interest, people. He finds people fascinating. Rusty enjoys talking to people and investigating how a person feels about a topic, why a person feels that way, how a person will act, and why a person will react in a certain way.
According to Rusty, a great trial lawyer needs to grow up around all different types of people including different races, cultures, and varying economic levels. Rusty is able to connect with a jury on a deeper level because he hears things the way an average person hears. Although Rusty's family was not poor, he is grateful that he did not grow up overly wealthy because growing up in a wealthy environment may have limited his life experiences and capacity to connect to the jury. Rusty admits he is afraid of losing his connection with the jury, and he always makes sure that he remembers his modest upbringing so that he remains relatable.
Mentors
A number of mentors lit Rusty's path, but the most influential mentors were his parents. Both of Rusty's mentors were incredibly honest and non-judgmental people. While attending college, one of Rusty's professors told Rusty that what stood out about him and his brother was that “you and your brother were clearly loved.” However, this observation comes with a touch of sadness because a significant part of the population grows up without parents or only one. In Rusty's opinion, if a parent can make a kid comfortable with who they are as a person, and the kid is unconditionally loved, this is quite an accomplishment.
Professionally, Rusty admires Bob Fiske and Judge Frank Johnson from Montgomery, Alabama. Rusty believes that Bob Fiske is what a lawyer ought to be. Rusty worked with Bob Fiske in the Whitewater matter, and Rusty describes Bob as a man with impeccable integrity. Bob loved what he was doing, and he had tremendous impact on young lawyers. Rusty doesn't know a single person who dislikes Bob. Another mentor that had a tremendous impact on Rusty as well as the civil rights movement was Judge Frank Johnson. Although he was born into segregation and never left Alabama until he served in WWII, he had the compassion and foresight to make the leading civil rights cases in the country. These two attorneys had a tremendous impact on Rusty's professional development because they were both amazing attorneys and incredible people.
Despite Rusty's personal and professional mentor's best efforts, he still encountered some academic challenges. On his first round at academia, Rusty flunked out of college; however, he went back to the same school and graduated with his brother. Even though he graduated from law school, Rusty did not have a job when he graduated. Since the law degree is the most transportable degree you can have, in Rusty's words, “there is not an excuse to be unhappy.” He has always said, “It is time to change jobs when you either look forward to Friday or dread Monday. Rusty found himself dreading Monday, and looking forward to Friday, it was time to change jobs.
Rusty's Tips
Throughout the years, Rusty has accumulated a number of lessons. He is never envious of the brightest person in the room because the brightest attorney in the room will often fail to connect with other people. Second, Rusty is incredibly honest both inside and outside the court room. Juries sense when a person is being dishonest or being inauthentic. Finally, he is an unapologetic member of the legal profession, who believes in the power of the law to do a tremendous amount of good. For example, Rusty likes to point out how different the world would have been if a group of judges didn't have the guts to make the civil rights movement happen.
As an attorney, Rusty believes it is imperative to relate to your clients. If you can't relate to a client, an attorney should not represent the client. As a litigator, an attorney must be able to relate to the client so that the attorney will convey the right message to the jury. If an attorney does not feel for their client, the attorney is going to have a very difficult time making the jury feel for their client.
Rusty has a fine tuned jury selection process. As a beginner, Rusty would pick a jury based off what he thought he should do based on stats and the other guidelines. With experience, Rusty learned to pick jurors based on whom he feels comfortable talking with. While in court, Rusty treats the jury as he would people in his living room. The trial process should be like a long and comfortable conversation in a living room, because a jury is a group of people on the sidelines listening. Rusty has two big rules for when a witness is on the stand: 1) never beat up a witness until the witness has earned it in front of the jury and 2) listen to your witness's answers and request more elaboration if something seems interesting. People serving on juries do not like unpleasantness, pettiness, or attorneys bullying witnesses unless the treatment is deserved. At the end of the day, an attorney should leave the jury feeling good about their decision, and if an attorney is a jerk, the jury feels less comfortable. As a result of these rules, when he is in trial, Rusty puts a big priority on not being a jerk.
Are you a young attorney just starting out? Rusty suggests going after the portion of the practice that makes you look forward to going to work. When considering going into an area of law, Rusty advises that you don't make your decision based on compensation. Further, an attorney doesn't always need a life plan. For some people, being confined to a life plan will keep a person from doing something that they will tremendously enjoy. At the end of the day, every person has the capacity to make “poor” economic decisions, and a lot of the time it produces the most fun. Go after what you love!
Rusty has never experienced professional burn out. In fact, Rusty doesn't consider what he does a job, and if he felt like it was a job, he would probably quit. In our society, those who are blessed with having a law degree have an obligation to recognize how lucky they are. Rusty jokes with his partners that he will retire when Rusty starts embarrassing them.
How Does Rusty Define Justice?
In Rusty's opinion, justice is defined by what is right. Justice is the accomplishment of what is right in the overall scheme of life. Often justice is relative to what side a trial attorney is fighting for. Most of the time, the goal of trying to do the right thing is the goal of the law and justice; however, our system is run by people, so the law does not always equate to justice. However, as attorneys, we have a duty to never give up seeking justice.
Outside the Office
Outside the office and pro bono cases, Rusty and his family donate to the Yellow Stone Academy, an organization assisting children born into poverty that helps these kids become successful. Additionally, Rusty has worked with Down syndrome kids and MS charities; Rusty believes we all have an obligation to give back if we are lucky enough to receive free time or money to give.
After hours, Rusty enjoys reading and he is a dedicated walker. In fact, during the Roger Clemens trial, Rusty would walk three to five miles a day. In addition, Rusty is a big sports fan. Rusty jokes that he has moved his sofa to the sidelines because he enjoys floor seats at every Houston Rockets game. In addition, every Sunday, during football season, Rusty is an avid fan of the Fox pre-game show and is a rabid Huston Rockets fan.
