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Nobody hands you an instruction manual or a playbook when
you start your legal career. Much of what you need to
know is not told to you. Much of what you need to know
is learned the hard way, often from making mistakes. Sometimes
you are being evaluated on how well you perform when no
one gives you instructions and sometimes it's just the
case that no one is giving you any instructions.
In my legal career, I've been in big firms and smaller
firms. I've been a summer associate, an associate and
a partner. I've run a firm's summer program and I've
been involved in hiring. I've seen a lot and, from time
to time, I've tried to put together the lessons I've
learned.
Sometimes you are not ready for the lesson. Sometimes
you think you know the lesson, but you later realize
that there was a different lesson that you weren't able
to see until later. Some lessons are painful, but many
come from other lawyer's generously sharing their experiences.
In the spirit of sharing lessons, I offer 20 lessons
I now think that I have learned about starting the practice
of law and, in particular, working at a law firm.
1. Learn the culture. Your most important
job from the time you accept a job is to learn the culture
of the organization you are joining. Although most people
focus so much on getting the job that they neglect to
notice much about the culture of a firm before they
start, it is a good idea to make some observations about
the culture of a firm even in the interviews. After
you start working at firm, you want to put a lot of
effort into learning the culture of the firm.
The “myths” and “legends” of
the firm can help you out. If the managing partners
of the firm shared a table in the library for their
first few years in the firm, you’ll want to hesitate
before you demand new furniture. An oft-repeated tale
of a female partner who called into the office within
an hour of giving birth to a child can give you a clue
as to what lawyers will think of your request for substantial
paternity leave.
You’ll want to learn what to wear, what hours
you really need to work, whose opinions matter most
and, especially, what major mistakes that associates
who are no longer with the firm made. You will also
want to start to develop a sense of what partners have
in common, what made them partners and whether any of
those things appeal or apply to you.
How do you do this? Talk to people and listen carefully
to the stories. I recommend starting with the people
who interviewed you. It’s safe to assume that
they liked you. Make efforts to know people outside
your department. If you have to work on Saturdays, don’t
be afraid to stop by someone’s office and introduce
yourself and ask them about themselves and what they
like about the firm. Get them to tell you stories.
2. Begin the search for a mentor.
The one thing that became crystal clear to me is that
your success and happiness in law or any other profession
depends on finding and maintaining mentor relationships.
Over the long term, finding a mentor is the most important
thing you can do when starting your career.
Despite books and articles that have been written about
how to find mentors or, worse, how to put someone on
the spot and ask him or her to be your mentor, finding
a mentor is a mysterious process that takes time and
often evolves organically.
In the interview process, you are likely to see people
who may one day fit the bill. I wouldn’t “target”
them, but I would make an effort to get to know them
and to work with them. There can be disappointments
– people aren’t what they seem, great attorneys
may not be great people, and, as I found, people do
die unexpectedly.
You want to find that person who can teach you not
only the law, but ethics, respect for people and the
law, honor and the “little” things like
that. You want to hear their stories, understand their
insights, and earn and experience their faith in you.
In the right case, the right person will be willing
to share all that. There’s no more important key
to your career. There’s a great Eastern proverb
I’m fond of: “when the student is ready,
the teacher will come.” Prepare yourself to be
ready.
3. You get all the feedback you ask for.
Feedback means different things to different people.
In four years of running a summer program for my old
firm, I spent a lot of time talking about "recognizing"
feedback. This is another reason why learning the culture
of your firm and the traits of individual attorneys
is so important. Many attorneys will say nothing about
your work and continue to give you more and more work.
To you, this can be frustrating. In their minds, they
have given you the highest form of feedback. “If
I didn’t like the work, I wouldn’t give
them more.” They don’t realize that most
of us need to hear the words.
Even for the well-intentioned lawyer, demands get in
the way of providing the kind of feedback attorneys
want to give. Remember to ask. No one really minds someone
who is sincere asking for a few minutes to talk about
an assignment.
Don’t make assumptions about the feedback you
get. A hearty “great job” and no specific
comments may disguise the fact someone can’t believe
what a poor job you did and just wants to get you moved
on to someone else. I was notorious for telling people
sincerely that they had done an excellent job and handing
a document back to them in which it seemed I had changed
something in every sentence. I was utterly sincere –
they had done a great job in giving me something I could
easily tailor to my audience. I had to work
on my presentation to convey my message in a better
way.
Assigning attorneys often want you to produce something
that advances the process, gives them something to work
with and allows them a good framework to make stylistic
changes for the intended audience. I learned that it
can be hard for people to hear the compliments when
all they see is a sea of corrections.
A good pointer is to be persistent in asking for specifics.
You need to ask why something is a good job when you
can’t see why it is. Learning from others about
an attorney’s style can be a big help.
4. Write for the right audience. Nothing
gets new lawyers into more trouble than writing for
the wrong audience. An attorney who wants a 3-page memo
will never be happy with a memo that looks like a law
review article, no matter how good it may be. Writing
for clients is an art. Unfortunately, none of this is
typically learned in law school.
The key: look at models. Ask for a letter like the
one you are supposed to write. Ask the assigning attorney
for an example of a memo he or she liked. Talk about
who the intended audience is. Then, make sure that you
do what the assigning attorney tells you he or she wants.
When I ran a summer program, I gave my own independent
evaluation of the summer interns’ written work
by taking it home the night before the review and reading
it all at once with the TV on before I went to bed.
I felt that that approach gave me the perspective of
a typical harried, tired and distracted attorney who
wanted to know what the main points are. If I could
tell what the memo was about and what its main points
were, I knew someone had done a great job. Be clear,
concise and make it easier to find your main points
and conclusions. Oh, yeah, attorneys really are looking
for your conclusions. Remember to give them.
5. Learn the lines of gossip and be careful.
It always amazed me that even after I warned
them about revealing too much of their personal lives,
I’d see summer associates and young attorneys
talking about the travails of his or her love life,
his or her latest hangover, and teenage indiscretions
with the very staff members who were most likely to
spread the story all over the place and to either distort
or embellish it in the process. Use good judgment. In
any firm, you should assume that the personal secrets
you disclose will make the rounds of the firm quickly
in a somewhat distorted form that will emphasize the
scandalous aspects. That’s not a comment on any
person or any firm; it just happens. Let me repeat a
word that you want to know and understand: JUDGMENT.
6. The first few months will be physically
exhausting. The biggest surprise new attorneys
have is how physically tiring it is to work. This may
come as a surprise, but sitting at a desk working all
day, often ten hours or more a day, will wear you out
until you get accustomed to it. This happens to everyone.
You get tired in the afternoon and soon find that you
are nodding off at home at 8:00 at night on a regular
basis. I don’t know many young attorneys who didn’t
think that they were getting mono after their first
few months of work. You get used to it, but it takes
a while. Physical exercise, going out to lunch, and
walking around the office to take a break can help.
7. Be yourself . . . within reason. Everybody
wants to be their own person, but you have to use common
sense and good judgment.
Surprisingly, the worst mistake you can make is to
try to fit yourself into what you imagine the organization’s
mode to be. First, you won’t get it right. Second,
you’ll give people a sense that you are inauthentic.
Here’s an example. A friend of mine and I became
partners in my old firm at about the same time. The
only thing we clearly had in common was that we both
came in very early in the morning and there were only
a few lawyers who did that. Shortly thereafter, the
early morning hours were populated by bleary-eyed associates
who decided that early morning hours were a key to the
partnership mix. They came to their senses fairly quickly.
There are many ways to express yourself as an individual
within the framework of the normal culture of the firm.
You can buy many different shades of gray suits, for
example. Seriously, though, a big issue in any organization
is “fit.” You do a disservice to yourself
and to the firm by not being yourself.
Life is short – you don’t want to trap
yourself at a place that doesn’t fit you. Remember
that it is possible that you made the wrong choice of
employers.
8. Attitude matters. A general rule
of thumb is that an attitude of entitlement will kill
your chances at most firms. Your work is just beginning
– lawyers don’t really respect the work
you did in law school. You are definitely back at square
one and have to prove yourself all over again.
An attitude that indicates that you have made it, that
you are ready to reap the benefits of your education
immediately and a sense that you don’t have something
else to earn, will cause you nothing but problems. You
want to be self-confident, but humble, willing to learn,
respectful of your position and ready to work.
Imagine two new attorneys doing the identical work
on a document and the documents having identical typos
and mistakes. If you have a good attitude, communicate
with the assigning attorney and show a willingness to
learn, I guarantee that the worst comment you’ll
get is that it was a good effort. If you have a “bad”
attitude, act like you know it all and that the project
is beneath you, you risk someone questioning whether
you even have the ability to be a lawyer.
9. Learn your place in the pecking order. I
used to joke in the hiring process that we should hire
military veterans because they knew that you started
at the bottom and earned your way up the ladder. Resist
the inclination to see yourself on a level well above
paralegals, secretaries and staff.
Everyone plays a different role and the values of these
roles are not determined by title. If you’ve been
at a firm for a few months and get into a situation
where you force a partner to choose between supporting
you or the secretary he or she has had for ten years
and relies on in ways you can’t even imagine (until
you have a secretary you rely on for ten years), I guarantee
that 100% of the time the partner will support the secretary.
It’s a showdown you can’t win – don’t
try to force it.
Classic mistake: a partner assigns a project to you
that you know in your heart is “paralegal work.”
You stew about it for a while, talk to other associates
who commiserate you, and, almost inevitably, walk down
to a paralegal where you all but throw the assignment
on his or her desk as you “delegate” the
project back to the paralegal.
In almost every case, one thing has happened and three
other things will happen. The assigning attorney has
already had a discussion with the paralegal and there
is a reason you got the work. The second thing is that
before you get back to your desk, the paralegal will
be telling the assigning attorney what you did. The
third thing is that you will soon get a pointed lecture
on how projects given to you are meant to be done by
you. The fourth thing is that the next time the paralegal
has a choice of making your job easier or harder, he
or she will probably let you take the more difficult
route.
10. Trivial-seeming projects are given to you
for a reason. Many attorneys spent their early
years doing work that is now routinely done by paralegals.
Trips to the court to file documents allowed them to
learn procedures and make friends at the court. Recording
deeds and searching land records allowed them to learn
the processes involved. Trips to distant courts got
them out of the office for a few hours. I have fond
memories of this and it baffles me how some young attorneys
seem to want to duck this type of work.
You’ll later learn that more thought than you
ever imagined went into the choice of projects you were
given and that there is a training process going on.
Don’t get indignant that you are a lawyer and
feel that above certain assignments – look for
lessons to learn. There are plenty of them.
11. Make life a little easier for older attorneys.
I gradually grew to realize that many older lawyers
are uncomfortable with one-on-one lunches, especially
with members of the opposite sex or people young enough
to be their children. It’s a cultural thing, but
it helps to respect it. Invite a group of people or
include a peer. They may well be more uncomfortable
than you are.
12. Don’t turn in rough drafts.
Almost every attorney has a story to illustrate this
point. My story is fairly common. On the last day I
worked before heading off for Christmas vacation during
law school, an attorney asked me to do a rush project
that he had to deal with the next day. I explained my
situation and he said, “That’s fine. Give
me whatever you find, your handwritten notes, anything,
I don’t care if it’s typed. I’d rather
that I just get your research.” On my return,
I found that he hadn’t looked a the materials
I gave him for two weeks and, when he did, complained
to everyone about the unprofessional work I had done
and his disbelief that I’d given him anything
handwritten. Well, you live and learn. Get things polished
up. With computers, hardly any young attorney ever writes
anything in longhand, so this little rite of passage
may be disappearing.
The moral of the story: get written work into as polished
and as standard a form as you can and at least write
“draft” across the top.
13. Make the IS people your friends. I
can assure you that, rightly or wrongly, the technology
"needs" of new associates are not at the top
of any firm's technology agenda. Don't assume that someone
is looking out for your technology interests. In fact,
you will undoubtedly see many cases where the best technology
goes to people who have the least need to use it.
Meet the IS people. Help them out. When you need some
help or there's an opportunity to get better technology,
you’ll have a sympathetic ear and you’ll
be talking to the person who can help you out.
14. Learn the best ways to get to talk to individual
attorneys. You have a question you need to
have answered by the assigning attorney. As far as you
can tell, his telephone is glued to his ear. What do
you do?
You have to learn strategies. It might be e-mail. It
might be a phone call. It might be hanging outside his
door like a lost dog until he is off the phone and then
charging in. Generally, an attorney’s secretary
is the best resource, but talk to others who do work
for the attorney. You’ll find that those in the
know will have ways to get his or her attention. You
need to learn how to be one of those in the know.
15. Speaking at client meetings. You
see more young attorneys go up in flames in this situation
than any other. Understand that the client sees you
as expensive surplusage in the meeting and doesn't really
want to see you there. You don’t want to remind
clients why they think that way. You can also cause
a lot of problems in ways that you simply will not be
able understand until several years later when you are
at a different firm.
Here are a few good rules:
Speak only when spoken to. I always believed that you
went into the meeting with the client seeing you as
the bright, young (although expensive) attorney. It’s
easier than you think to change that opinion for the
worse.
There is no joke that you can tell that will be a guaranteed
winner. Don’t even think about taking the risk.
Never correct the lead attorney no matter how wrong
you think he or she is. It’s more likely that
you are wrong . Mention it after the meeting –
the attorney will make the call to the client if a correction
is necessary. If you have an established relationship
with an attorney, you might have ways to raise a question
so that the attorney has a chance to reconsider, but
be careful. If you notice that another lawyer is calling
the client by the wrong name or referring to the wrong
case, you might want to slip a note under his or her
nose.
Most of the time, you will be invited to attend a meeting
to take notes and to observe and learn how to conduct
a meeting. Do that. The fact that you won the client
counseling competition in law school does not give you
a license to think you’ve learned it all.
If you are asked to summarize your research for a client,
try to hit the main points and finish within a minute.
If the client has further questions, he or she will
ask. Almost no client will want to hear about the fascinating
distinction you’ve found between two obscure cases
on a tangential point. The client is thinking action
steps and doesn't want to be reminded about how much
they are paying for you to research obscure point and
talk in a language he or she can't understand.
The bottom line: talk with the lead attorney about
what he or she wants you to do in the meeting.
16. Report back after a few hours. If
you project is taking too long, let the assigning attorney
know. You’ll get mixed signals on many projects.
An attorney will say that the research will take about
two hours, but that you have to be sure to get the right
answer, no matter what. Forty hours later, you may have
your answer, but when the attorney sees your time record,
he or she will hit the roof.
Give a status report. Ask for more direction. Re-engage
the attorney in the project. Make sure you understand
what is being asked.
By the way, if the research would have taken a few
minutes or hours, the attorney would have done it himself
or herself. You should expect not to find easy answers.
Also, it is really difficult for experienced attorneys
to estimate accurately how long it will take a young
attorney to do a project.
17. The two-year rule. I learned that
it takes about two years of practice to feel like your
getting the hang of things. Unfortunately, about two
years later, realize that you really didn’t know
very much two years earlier. However, it is a significant
and confidence-building milestone in your career.
18. Think about Tom Peters’ resume rule.
In his book, The Circle of Innovation,
Tom Peters talks about looking at your resume on a regular
basis and assessing at least annually what you’ve
added in the way of specific projects to your resume.
Think of the three or four resume-enhancing projects
that you’ve done each year and write short summaries
of each of them and your role in them. It is wise to
update your resume every year, even if you are not actively
looking for a job. I suggest that you keep that updated
resume on your home computer and not on the office network.
19. Keep developing networks. For
many reasons, young lawyers change jobs frequently.
Don’t get so caught up in the law firm's cocoon
that you neglect outside relationships that can help
you if you have to leave or the firm merges or changes
drastically. Bar activities and alumni networks are
good ways to proceed.
20. Get involved in the firm. Part
of becoming a partner in any firm is getting out of
passive "I'm-just-an-employee" way of thinking.
You want to be at a place where you feel like it is
your firm. One good way to start to get involved
is to help out with interviewing. Another thing is to
volunteer to be part of committees. Show that you are
interested in the firm. Partners like to see associates
who are committed to the firm itself and don’t
give the sense of "just passing through."
Learning the law necessary to do your job is hard enough,
but don't neglect the work you need to do to learn how
to practice law. Be observant, listen carefully and
test your assumptions. You will have plenty of mistakes
from which you can learn many of your own lessons, but
consider the lessons I learned. I hope that by teaching
you some of the lessons I learned, you can have an easier
time in some of those areas and concentrate your energies
on some of the other areas that deserve your time and
attention.
Top
Dennis Kennedy (dmk@denniskennedy.com)
is a well-known legal technology expert, technology
lawyer and blogger (http://www.denniskennedy.com/blog/).
He is an award-winning author and speaker on these topics
and a member of the ABA's Law Practice Management Section's
TECHSHOW Board, Webzine Board and Council. Earlier versions
of some of these lessons appeared in Kimm Alayne Walton's
What Law School Doesn't Teach You: But You Really
Need to Know.
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