Meet Our Lawyers: interview with Neil Flynn, Esq., our new managing attorney of litigation.
Neil Flynn practices trial law, he’s a litigator at Rosenbaum Famularo, PC.
When it comes down to a conflict that can’t be resolved without the involvement of the judicial system, that’s where Neil steps in. He advocates, argues, and represents our clients’ rights in state and federal court rooms.
The Rosenbaum Famularo family is excited to get to know Neil, so we’re going to jump right in with our 1st question…
What kind of law do you practice?
Trial law. That’s the short answer. I’m a litigator. I have been my entire career. When it comes down to a conflict that can’t be resolved without the involvement of the judicial system, that’s where I step in. It’s a matter of advocating, arguing and representing the client’s rights in state & federal court and getting them the best result possible in an adversarial situation.
How long have you been practicing this type of law?
I’ve been admitted since 1997 and I’ve been trying cases since then. Federal court, state court from the lowest to the highest small claims to the Court of Appeals District Courts in multiple states and every aspect of alternative dispute resolution in front of the AA and mediators across the state and East Coast. In fact, it was always my goal from before I even started law school to become a trial attorney. That’s the aspect of the law that I really find the most rewarding. It’s fun to do it. The responsibility is significant. The conflict turns some people off. But it’s a competition and that’s what I get. The best result and the best feedback from myself is enjoying that competition while representing and advocating for my clients.
What is the thing that you love most about being a managing attorney of litigation?
Trying cases / litigating is 80% preparation and then 20% actual execution, I’d say, but when that 20% happens, it’s worth it. That’s when the rubber meets the road, when things get exciting and we’re able to do what we do best, which is to really show the fact finder, whether that be a judge or jury or an arbitrator or a mediator, that we have the better argument, that we are in the best position. That way, we can convince them to make the right decision from a position of strength. We don’t have to come into a situation with one hand tied behind our back with the support we have at Rosenbaum Famularo, PC.
Who have been your mentors and what have they taught you?
My greatest mentor is probably my high school football coach, and he taught me to never play scared. You’re just going to get hurt. Come out with everything you’ve got and leave everything you’ve got on the field, and that’s what I do in my practice. I bring everything to bear on behalf of my clients and I leave everything in the courtroom. We’re going to go completely 100% to the wall for any client we represent. That’s the only way to do it. We handle every case exactly the same way from start to finish, whether it’s a small matter or the biggest matter we’ve ever handled, they all get the same attention and they all get handled in the exact same way with 100% commitment and zealous advocacy.
If there was something that you would change about being an attorney, what would it be?
I would, if I could, change the system. Or alter my career in a way, it would be such that I spent all my time in the courtroom as opposed to in the office. In some instances, there have been times where you can go from trial to trial to trial, back to back to back. That takes weeks, sometimes months, at a time for each trial. And of course, there’s prep work in between. But it’s at that high level of anxiety and pressure that’s right on the verge of being bad. But it’s still really good. You have to be able to produce and perform. I have to convince these people that we’re in the right. I have to do that based on what I have, what ammunition, given the facts of each case. So preparing for and actually executing the trials and the mediation, the arbitration, the actual adversarial proceeding itself. I would make that 80% instead of the 20% and avoid some of the office time if I could, but that’s the way things work.
How would you advise an Amazon seller who’s facing litigation for the first time?
Time is the enemy of every party and every attorney involved in litigation. If you sit on your hands and don’t act quickly to protect your rights, you’re going to be in a bad position when you have to hire somebody to later. Don’t wait. Don’t think you can handle it yourself when you get word. Usually it’s going to be a temporary restraining order that’s going to shut down your storefront. Your money is going to be locked up. Everything you have in the warehouse is going to be locked down. As the plaintiff in the lawsuit, if that’s what happens when getting served with a temporary restraining order, you’re going to go back to the court and ask to turn that into a permanent injunction. So the longer you wait without addressing it, the worse things will get. That is the most important aspect of it. Get yourself a good lawyer and that’s us.
I’ve actually known CJ Rosenbaum for essentially my entire life. We’ve been friends since elementary school and we always been relatively close and stayed friends. We both ended up going into the same practice, in the same area, in the same city, litigating cases in New York. We would run into each other pretty regularly. There came a time we actually represented different parties in the same lawsuit. We did a great job working together and it really seemed to mesh well at the time. I was working for a firm here on Long Island. I’ve been there for a while and unfortunately things changed and didn’t work out. So it became time for me to go away and do something differently. I went out on my own, started my own shop, and for several years, had a nice niche practice. Then CJ reached out and I learned about what he was doing. I met with his partners, Rob and Anthony, and saw what a great job he’s done growing the firm and the excellent work he’s done representing Amazon sellers, protecting their rights, getting their storefronts and listings back up. I just knew that with that opportunity, once it came up and reached out to me to take on the role of heading the litigation department, we now are even better prepared to take the case to the next level, as opposed to arbitrating with Amazon.