Cultivating a Trial-Centric Culture with Michael Duke, Founding Member of Elsberg Baker & Maruri

Michael Duke loves the process of trying a case. Sifting through data, crafting and refining a compelling argument, and outsmarting the opposition – this is the stuff of law that he lives for. And Duke’s one of the rare NY-based trial lawyers with serious in-court experience, and a track record of wins, including billion-dollar verdicts that have made waves in the legal world. His reputation reflects a level of success that speaks to the meticulous preparation and thoughtful advocacy he brings to his work.

But spend a few minutes with Duke, and it’s clear he’s not here for the war metaphors or the chest-thumping. While Duke describes his litigation style as aggressive, the more successful, nuanced arguments often come from the collective brainpower of a team out-thinking versus out-yelling their adversary. His approach is rooted in collaboration, respect for the craft, and an understanding that the best results often come from working seamlessly as a team, not from grandstanding.

After two years in federal clerkships, Duke dove head-first into the competitive and cutthroat world of complex commercial litigation, cutting his teeth by swimming in the deep end at Selendy Gay Elsberg. The firm was in its infancy at the time, and Duke relished the opportunity to grow alongside it.

“The way I learned best was by doing the work,” says Duke. “There's no better way to force yourself to learn a case than if you're in the hot seat.”

That trial-by-fire mentality has informed his approach ever since. And as a founding partner of Elsberg Baker & Maruri – a boutique trial firm that’s quickly made a name for itself – Duke is putting that ethos into action, building a team where thoughtful advocacy and collaborative problem-solving are at the core.

“It's very important to me that we build a team that's cohesive and gets along well,” says Duke. “You end up having much better results when you enjoy digging into the case together, when you're constantly challenging and sharpening each other in a positive way.”

Lawdragon: Elsberg Baker & Maruri has had an incredible first year – congratulations on the firm’s success. Were you always interested in boutique firms, or did you start in Big Law?

Michael Duke: We’ve had a remarkable first year. Just a few months ago, which capped off our first full year in business, we won the prestigious “Boutique of the Year” award from Benchmark Litigation. That’s a pretty remarkable achievement, given the firms we were competing against, and the short runway. It was a clear signal that what we were doing was working – not only by our standard, but by the market.

I spent a summer at a Big Law firm, and it was a good experience. But clerking is what really shaped my thinking. You work so closely with your co-clerks and your judge that it becomes a true team effort. That dynamic always resonated with me.

When I came out of my clerkship, I wanted to avoid what one of my judges jokingly called “the post-clerkship blues.” I thought the best way to do that was to go to a smaller, litigation-focused firm where I could be deeply involved in every layer of the work. In a boutique environment, you roll up your sleeves. You’re not in a narrow role; you’re responsible for everything – strategy, drafting, argument, witness prep, trial. That’s the kind of experience I was after, and it’s what ultimately led me to help build a firm where that’s the expectation from day one.

We work in an adversarial profession, but I don’t believe in making it more adversarial internally than it needs to be. We succeed when we’re working together.

LD: Your practice now seems to be focused around the financial world. Was that intentional?

MD: Early on, I was staffed on a case that involved nearly every financial product that contributed to the 2008 crisis – all wrapped into one instrument. It was like a crash course in how complex financial markets work, and I found it fascinating.

I also discovered that financial litigation is an arena where the lawyering really matters. On the front end, these deals are papered by incredibly sophisticated counsel. On the back end, when something goes wrong, it takes equally sophisticated lawyering to unravel it and tell a compelling story to a judge or jury. That puzzle-solving aspect – threading the needle through dense documents, complex transactions, and high stakes – is something I really enjoy.

That said, one of the things I value about our firm is that we’re generalists in the best sense of the word. We bring a wide variety of cases to trial, and that keeps things fresh and intellectually engaging.

LD: Is there a case that stands out so far in your career that is particularly memorable for some reason?

MD: One that really sticks with me is a trial where we represented a private equity firm as the plaintiff in a breach of contract case. We won a nearly billion-dollar judgment after a two-week trial. It was an intense case, and the trial team was phenomenal. What made it special wasn’t just the win – it was the way the team gelled.

We had co-counsel from another firm, and there’s always a choice in those situations. You can either view them as competitors for credit, or you can embrace them as part of the team. I chose to embrace them, and it ended up being a terrific experience. We were aligned, collaborative, and focused entirely on doing the best job for the client. And when you can create that kind of alignment across teams, you can do extraordinary things.

LD: I hear you’ve been quite busy at the new firm?

MD: We’ve had a remarkable first year – multiple trials, arbitrations, and more on the calendar for this year. It’s been exciting. Effectively, we handle the same volume of trials as most Big Law litigation departments, but we do it with a team that knows each other well, anticipates our adversaries’ playbook collectively, and doesn’t involve hierarchies, which ultimately costs clients, both in terms of money and in terms of effectiveness.

What makes it special is the team. Everyone here is talented, driven and focused, but they also support each other. We don’t make this job harder than it already is. We make it better.

LD: Are there specific industry sectors you see as hotbeds for litigation in the coming years?

MD: Energy is a big one – both traditional and renewable. As energy needs and demands change, there are likely going to be significant contract disputes, regulatory enforcement actions, and even trade secret litigation as technology shifts hands. Insolvency and restructuring litigation are also on the rise, as the economy shifts.

LD: As a founding member of Elsberg Baker & Maruri, what do you aim to shape this firm into?

MD: For me, the priority is building a firm that’s collaborative at its core. I want us to be known as the go-to litigation trial firm in New York, but also as a place where people want to work. Where they can grow, try cases and thrive.

We work in an adversarial profession, but I don’t believe in making it more adversarial internally than it needs to be. We succeed when we’re working together – sharing ideas, sharpening arguments, and lifting each other up. That’s the atmosphere I’m committed to fostering.

We all know this work is high-stakes and high-pressure. The question is, do you create a culture where that pressure turns into stress, or one where it turns into focus and energy? I think we’ve built the latter.

Focus on what you enjoy doing. This is demanding work. It’s easier when you love it.

LD: How does that inform how you develop your associates?

MD: We believe in putting people in the hot seat early, but with support. The best way to learn is to do, and we give our junior associates real opportunities – whether that’s handling a deposition or part of one, or standing up in court.

It’s important for them to feel ownership over the case. And the more responsibility you give them, the faster they grow. But they’re not doing it alone; they have guidance, mentorship and a team behind them.

Unlike larger shops, our associates are ready for those types of opportunities early and often, and we relish watching them excel in their stand-up roles.

LD: How would you describe your style as a litigator?

MD: Friendly, but firm and aggressive. You can be aggressive in your positions without being aggressive in your personality.

I’ll take my position, and I’ll take it firmly and challenge the other side aggressively, but I’m not going to yell to prove I’m right.

I’m a big believer that you win by out-thinking, not out-shouting.

LD: In terms of developing great trial lawyers, what are the raw materials that you look for in young associates?

MD: Three things. First, are you someone I’d want to work with? That’s not just about being personable; it’s about how you function on a team. Do you make those around you better? Do you take feedback well? Are you adaptable?

Second, are you bright? This is complex work. We need people who can get up to speed quickly, spot issues and think creatively. We have very rigid hiring standards, and we would rather be quality constrained than lower the very high standard we’ve set.

Third, are you a hard worker? But I’ll add to that – you need to work hard and work smart. Efficiency and judgment matter as much as hours logged.

LD: What advice would you give to a potential candidate?

MD: Focus on what you enjoy doing. This is demanding work. It’s easier when you love it. One thing we all share here is that we love trials. We like litigating hard cases. We’re not afraid to take risks. Make sure where you work allows you to do what you want to do and to grow as a lawyer.

LD: What inspired you to start the new firm?

MD: I’ve always liked building things. One of the reasons I enjoy litigation is that it’s inherently creative. You’re crafting an argument, telling a story, solving a problem. Starting a firm was a chance to do that on a larger scale – how do you create something that’s the best version of what a trial firm can be?

I’d also worked closely with David [Elsberg] and Vivek [Tata]. David was a mentor to me, and I’d gone to trial with him a few times. Vivek is not only a brilliant lawyer, but also one of my closest friends. When we realized we had the opportunity to build something together, with people we respected and trusted, it was a no-brainer.

LD: Have you always had that entrepreneurial mindset? The drive to create something?

MD: Yes, I think so. I've really enjoyed the deep thought process and the creative part of it. I tend to enjoy picking up hobbies and learning every aspect of them. Starting a firm was an extension of that for me. It’s about creativity, mastery and constant improvement.