They’ve Got Next: The 40 Under 40 - Joshua Matz of Kaplan Hecker & Fink

Please describe two of your most substantial, recent wins in practice.
I served among counsel to the writer E. Jean Carroll in her successful lawsuit against Donald J. Trump for sexual assault and defamation. I also represent Ms. Carroll in a separate, earlier-filed lawsuit concerning Trump’s defamatory statements while he held office.

Working closely with an experienced trial team at my firm, I’ve argued multiple appeals, defeated a series of dispositive motions, and briefed an array of discovery and pre-trial issues. I’m proud of our trial victory, which we will defend on appeal while pressing ahead with our first-filed suit.

I’ve also developed an expertise in election law. In 2020, I successfully represented the Commonwealth of Pennsylvania in defending its certification of the presidential election results at the US Supreme Court.

In 2021, I served as Impeachment Counsel to the US House of Representatives in the second Senate impeachment trial of Mr. Trump. And in 2022, I successfully represented the Governors of Pennsylvania and Wisconsin in defending their court-approved congressional districting maps against challenges at the US Supreme Court.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?

The importance of actively developing good judgment. Every young lawyer needs to master a range of technical skills and procedural rules; they need to learn the tools and customs of the trade. But across every field of practice—and within the bounds of ethical rules and legal doctrines—lawyers are called upon to exercise judgment in settings that may be unfamiliar to them. Sometimes this occurs in advising clients, or responding to opposing counsel, or structuring a deal. Sometimes tough judgment calls arise within a lawyer’s own team.

Nobody is born with a perfect knack for making these decisions the right way—and everybody makes mistakes. So, it is crucial to actively learn how to identify, evaluate, and act upon lawyerly judgments.

That means asking more senior colleagues how they make decisions; thinking critically about the judgments that others make; acknowledging and learning from mistakes; and seeking candid feedback from mentors, colleagues, and (where possible) clients. As my practice has developed, and especially as I’ve practiced in new settings, I’ve worked hard to keep these lessons close in mind, and to ensure that I’m constantly seeking out and learning from those whose judgment I admire.

How do you define success in your practice?

I see four major components of success in my practice. Most important is client satisfaction: Are clients pleased with my representation? That includes an assessment of final results as measured against a client’s own goals and expectations, and it also captures whether my clients feel well represented and properly supported throughout our collaboration.

Second, it’s important to me that my overall practice help to advance the public interest—as measured by the cases and clients that I take on, mentorship of younger lawyers, scholarship and public advocacy, and service on non-profit boards. Third, I see success as learning to operate effectively in a wide range of settings.

My practice includes complex civil cases, appellate and Supreme Court matters, congressional and state attorney general investigations, cutting-edge compliance advice, and sensitive internal investigations. I work hard to ensure that I can help clients navigate a wide range of challenges and achieve their goals wherever our work together may lead us, and I find that to be meaningful and exciting.

Finally, but significantly, I define success as building a strong and dynamic team that works well together, honors its values, affords opportunities for growth, and brings creativity, brilliance, and efficiency to its projects.

What are you most proud of as a lawyer?

I take pride in defending democracy, which is under siege in startling and unprecedented ways. In 2018, Larry Tribe and I published a book about the history the impeachment power that highlighted its crucial role in securing democracy.

One year later, I was hired by House Judiciary Committee Chairman Jerry Nadler to advise him during the first impeachment proceeding against President Trump—and then I served among counsel for the ensuing Senate trial, where we highlighted the threat to democracy if presidents could extort vulnerable foreign allies to attack their domestic political rivals.

After the trial concluded, I worked on a wide range of projects to ensure safe and secure elections in 2020, and ultimately represented senior Pennsylvania officials at the Supreme Court in successfully defending their certification of the results of the presidential election. But then President Trump incited a mob to attack the Capitol on Jan. 6, 2021, [as the US House of Representatives charged in an impeachment article.]

One week later, Representative Jamie Raskin asked me to return to Congress, and I served as Impeachment Counsel in Trump’s second Senate trial. Since then, I have successfully litigated election law disputes at every level of the federal judiciary, including the Supreme Court, and I remain committed to protecting democratic institutions.

Who is your greatest mentor in the law and what have they taught you?

I’m lucky to have learned from many mentors, but I would especially highlight Larry Tribe—one of my professors in law school, who has since become a friend, a co-author, and (most recently) a colleague at my law firm.

Larry is an intimidating guy: he has written whole constitutions into existence; he has advised world leaders on matters of historic importance; he is among the most heavily cited scholars in American law; and in exploring the United States Constitution, he has (to quote Yale Law Dean Heather Gerken) mapped “constellations where the rest of us saw only a random collection of stars.”

But from our very first interactions, Larry impressed me most with his warmth and generosity of spirit—not to mention his willingness to provide directions to a prospective student who had somehow gotten lost in a hallway near his office. Over the years, Larry helped me find my voice and vision as a lawyer. He helped me believe in myself and opened doors that I didn’t even know existed.

In his work as a scholar, an advocate, a counselor, and a mentor, he has served as a constant role model. Like so many of his former students, I’ve continued to learn from him and intend to keep doing so for many years ahead.

Tell us your two favorite songs on your summer music playlist.

“Tempest” by Jesse Cook and “Steal the Light” by The Cat Empire.

Joshua Matz of Kaplan Hecker & Fink on vacation

Credit: Joshua Matz and Jonathan Hurtarte/Bloomberg Law

Joshua Matz serves as an adjunct professor at Georgetown Law School, where he co-teaches a seminar entitled “Constitutional Litigation and the Executive Branch.” Along with his other matters, he successfully represented Stanford Medical School faculty who were threatened with a defamation suit for scientific criticism of policies advocated by former White House Coronavirus Advisor Dr. Scott Atlas.