Letter to a young lawyer

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Some months ago, Stephanie West Allen requested that fellow bloggers write a “letter to a young lawyer.”  Susan Carter Liebel has recently renewed the request  and I am delighted to join in, at last.

To the new attorney:

Welcome to the practice!  You’ve learned much over the last three years of law school, and you may be somewhat dismayed to discover that your learning is just beginning.  It’s a cliche to say that law school merely teaches you to think like a lawyer, but you’re about to find that there’s quite a bit of truth there.

I’d like to offer you a roadmap of sorts… A short list of foundations that underlie a successful practice.  Think of these as guideposts.

1.  Each time a client entrusts you with a matter, you’ve been granted a sacred trust.  You will have hundreds of clients — perhaps thousands — over the course of your career.  Some may be sophisticated legal consumers, but others will bring to you the only legal matter they’ve ever had.  Whichever camp your client falls into, it is your responsibility to treat the matter as if it’s the most important matter this client will ever have.  That isn’t to say that each client should in effect run your practice (you’d never get anything done), but when a client trusts you enough to request your representation, be aware and respectful of the trust… And earn it.

2.  Remember that the other lawyers in your firm who ask you to do work are your clients.  Act accordingly.

3.  It’s called legal “practice” for a reason.  You’re bright and accomplished, and you’re accustomed to knowing it all.  You’re about to enter a phase in your life in which you’re likely to feel that you know very little.  It’s your opportunity to practice the skills you learned in school, to read the law and to think deeply about it.  You’re going to make mistakes, no doubt.  It’s your duty to learn from each mistake and to make each one only once.  Ask intelligent questions and study the lawyers you admire.  A mentor is invaluable, and here’s a secret: your mentor will learn as much from you as you learn from your mentor.

4.  Begin your business development activities now.  Especially when you’re just beginning to practice, when you know so little about how the law really functions, it’s hard to imagine that you’re going to be responsible for bringing clients in.  Whether that need arises immediately (as of course it will if you’re a sole practitioner) or in a matters of years, you need to lay the groundwork today.  Keep up with your classmates from college and law school.  They may be at the bottom of a corporate rung today, but they (like you) will advance, and the confidence they develop in you over time will position you well to turn a social relationship into a business relationship.  The best marketing flows from superior legal skills plus masterful interpersonal relationships.  Remember that you need to develop both.

5.  Set goals for your career and adjust as appropriate.  Two errors plague lawyers: advancing in practice without having a plan and sticking to a plan even after it’s quit being the right plan.  Spend time determining what you want your life to look like both professionally and personally.  That knowledge will guide your steps as you decide where to practice, whether to stay there or leave, whether to pursue or accept a partnership offer, and much more.  However, be sure that the plan you’re following really fits you.  There’s little worse than climbing to the top of the ladder only to discover that you’ve scaled the wrong wall.

6.  Develop your leadership skills — you’re going to need them.  You may not view yourself as a leader right now, but you’re going to find yourself in a leadership role sooner than you recognize.  Learn how to discipline yourself, how to communicate what’s right, how to stick to your vision and to motivate others to join in the effort, how to convey your presence as a leader.  You’re going to find yourself on a board, in a courtroom, leading a team of lawyers, or bringing your legal skill to a matter of importance in your community.  Learn how a leader behaves and seek opportunities to practice.

7.  Integrate your personal and professional aspects.  You will be most effective in the office when you’re rested and the demands of your personal life are sufficiently met.  It’s unrealistic to imagine that you will always be able to meet those standards, but you must strive to do so.  “Work/life balance” doesn’t mean dividing your time or energy 50/50: it means knowing how to devote your time and attention where you need to, when you need to, according to your values.  Sometimes you’ll have to disappoint friends or family, and sometimes you’ll have to disappoint colleagues or clients.  Learn how to balance competing demands to wring the most out of every moment you have, without wringing yourself out.

8.  Give back.  You may feel overwhelmed when you think of the debt you’ve accumulated while pursuing your degrees.  Never forget that you’re among the most privileged people in the world, whether you’re at the highest paid law firm or the lowest paid public service agency.  Find ways to contribute to your profession and to society.  You will be richer for all you give.

There’s much more to say and learn… And you’re in for the ride of your life.  Welcome to practice!  Go as far and as fast as you can, in service to your clients, your community, your profession, and yourself and your family.

An 18-year path to partnership? Maybe…

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There’s an interesting (quite short) article today titled, Law Firms Let Women Forge Their Own Way.  The story centers on a Gabrielle Higgins, who recently made partner at Ropes & Gray and was “pleasantly surprised” to discover that 7 of the firms 10 new partners were women.  And if that 70% figure isn’t striking enough, the story goes on to recount Ms. Higgins’ path to partnership — a path that spanned 18 years and was “entirely based on decisions she made because they were the best for her.”

The article’s title hit me also: law firms let women forge their own way(s)?  My impression is more along the lines that women have been working and seeking improvement within the profession (and especially in large law firms) not to mention leaving private practice in droves, and I’m not quite sure how that translates to law firms letting women do much of anything.  But, I (perhaps) digress. 

New issue of The Complete Lawyer: Dealing with the jerk at work

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“There have always been, and inevitably will be, a certain number of bullies, braggarts, brutes and bigots who manage to insinuate themselves into any assemblage of humans, the legal profession not excluded. In the past, these misfits have been dealt with by peer pressure and sanctions; however, as the rude, degrading behaviors creep ever closer to becoming a norm, there is cause to ring the warning bell.”

— Bruce Campbell, Counsel Columbus, Ohio, Bar Association

The latest issue of The Complete Lawyer has been released, with a focus on “No Jerks Allowed!”  The quote above (lifted from this issue) illuminates the theme: too many law firms and legal departments include at least one jerk, and we (as individuals and as a profession) must find a way to deal with those jerks.  I’m delighted to have an article included in this issue (more about it below), and I find myself in august company.

Here are some of the featured articles:


Robert Sutton, author of The No Asshole Rule (recognized as one of the best business books of 2007 and a must-read for lawyers) and the terrific Work Matters blog, writes on Power Breeds Nastiness.  Remember the observation, “Power tends to corrupt; absolute power corrupts absolutely,” made by Lord Acton in the late 1800s?  There’s merit to it, and Bob’s article (edited and updated from his book) explains more.

Victoria Pynchon, author of the fabulous Settle It Now Negotiation Blog, provides a breathtakingly transparent article titled Why Lawyers Are Unhappy… And Make Others Unhappy, Too.  It’s about why and how nice people (especially litigators) can become jerks, and how to identify a path out of the unhappiness that underlies nasty behavior.  This is a personal article, and I so respect the honesty in it as well as the insight that points to the way out.

Gary Namie, co-author of The Bully At Work explains how to Create a Blueprint for a “Bullying-Free” Workplace.  This article draws the distinction between jerks who perpetuate incivility and bullies who “maliciously destroy people and organizations” and lays out a 4-step plan to correct and prevent bullying at work.

“Recovering defense attorney” Allison West promises, Yes, There Are Ways To Reform Workplace Jerks through sensitivity training that’s designed to “give jerks direct feedback about their conduct, highlight the impact of their behavior on the workplace and provide tools to fix the problematic attitude and behavior. After that, it is all up to the jerk.”

Garry Mathiason and Olga Savage of Littler Mendelson help to establish some bright lines about behavior in Defining And Legislating Bullying.  The article begins with a vignette of a rainmaker who defended the harsh comments made to two associates: “I sometimes raise my voice,” the rainmaker says. “If the associates can’t handle that, how will they ever hope to hold their own in litigation?” Mathiason and Savage’s articles helps to clarify the continuum between acceptable behavior, abrasive behavior, and bullying and to propose some solutions when the behavior falls on the wrong end of that spectrum.

My article is titled How To Spot And Deal With Jerks: Learn when and how to confront, disengage, and manage the jerks in your life.  One aspect of coaching for lawyers involves workplace communications, including deadling with the jerks in practice.  Many of my clients have encountered these jerks (as have I), and I’ve recounted a few of the more flagrant stories — all true, though edited to protect confidentiality.

The crux of the article is this:

Know What Kind Of Jerk You’re Dealing With And Choose The Best Strategy In Response

The first step is to notice when someone’s behavior leaves you feeling bad and then to identify the kind of jerk you’re facing.

The practice of law is often stressful, and even perfectly nice people may, on occasion, be rude under stress. Generally, though, nice people are aware of their bad behavior and apologize at least indirectly. These people may be situational jerks whose behavior unintentionally causes discomfort and pain. Dealing with such thoughtlessness is often relatively simple because situational jerks typically don’t mean to be jerks and may not realize the harmful effects of their actions.

Habitual jerks are more damaging. These people commonly yell, use sarcasm or mean-spirited teasing, engage in personal insults, or otherwise act in a demeaning or disparaging manner. Habitual jerks may strike out at any time. They don’t apologize, and they don’t notice or acknowledge the pain they inflict because they simply don’t care. Dealing with habitual jerks is difficult. Because of the habitual jerk’s disregard for others, the victim has fewer resources to call on to try to end the damaging behavior.

One of the following two options usually works best when dealing with a jerk:  confrontation or disengagement. Regardless of the response you select, you must manage the stress that results from the jerk’s nastiness.

This issue of The Complete Lawyer also includes articles on business development and marketing, career management and planning, and work/life integration.  It’s great reading.

You do it for your clients… Do you do it for yourself?

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During my first conversation with a new client, we were talking about the goals she’d like to set.  She said she’d like to make partner at her firm, and I asked what she needed to do to reach that goal.  She answered that good work and maybe bringing in a few clients would get her there.  We drilled a bit further down on that question, and then I asked how she planned to bring in the “few clients” she thought she’d need.

“Well…” she cleared her throat.  “I thought I’d do some networking, you know, and maybe speak at a CLE, and I’ve thought about writing some articles.”  I asked a few more questions and discovered that she had a vague plan, but only a vague plan, of what steps she’d need to take to build the practice and presence she’d need to be considered as a viable candidate for partner.  “I won’t even be considered for 4 years,” she concluded.  “It’ll get clearer as I go.”

Every single lawyer I know begins a representation by clarifying what the client wants.  If it’s a litigation matter, sometimes it’s to win at all costs, sometimes it’s to preserve a business relationship, sometimes it’s to protect one asset or position even at the expense of another.  The client’s ultimate goal drives the strategy for the case.

And yet, I see so many lawyers who don’t pause to develop a career strategy.  The need to work hard and master the skills of practice is obvious, but knowing what skills should be acquired and how to go about acquiring them requires more study and strategy.  Without an end in mind and a somewhat carefully planned approach to that end, it’s easy to get off track.  Just like it’s possible to blow a client’s legal budget winning a point that the client didn’t really want or need to win, it’s possible to spend a great deal of time and energy reaching a goal that doesn’t lead to the ultimate goal.

We’re 2 days into a new year.  What steps do you need to take this year so that you’re advancing toward your ultimate goal?  And please note: despite the time of year, I’m not talking about making resolutions.  I’m talking about setting SMART (specific, measurable, achievable, realistic, time-based) goals along with a strategy for reaching them.

What are your SMART goals?  What’s your 1-year, 5-year, and 10-year game plan?  You wouldn’t represent a client without a clear definition of the win and a roadmap to get there, so why do anything less for yourself?

And the client who wanted to make partner?  It’s now a year from our initial conversation.  Last year, she created a strategic plan to get her practice known (by publishing an article and speaking at a CLE program) and a plan to begin client development activities, including identifying and becoming involved in an industry group related to her practice.  Her theme for this year is building her internal profile, and she’s just been named to a significant firmwide committee.  She’s now in year 2 of her 4-year “path to partnership” plan.  Nothing is guaranteed, of course, but whether she makes partner or chooses to move to another firm, her strategic planning will serve her well.