Minggu, 12 Juli 2009

Five things I did right as a lawyer

A couple posts ago, I wrote to aspiring lawyers about some of the things I did wrong, in an effort to help some of you avoid my mistakes in your careers and personal lives. This week, however, I'd like to suggest certain things that I did right--and I hope you'll consider doing them too.

1. I kept the Bar Exam in perspective. I wanted to write this before many of you take your Bar Exams. When I say that I kept the Bar in perspective, I don't mean that I didn't take it seriously. I also am not going to lie to you and act like that I didn't worry about whether I'd pass it or what I'd do if I flunked it. No, all of those feelings are natural. I'm talking literally about what I did in the days leading up to the Bar Exam.

This was my first--and hopefully only--time that I would take the exam, so I didn't have previous history to go on as to how to study for the Bar. However, I knew what had worked for me in law school for three years, and I had to trust myself, and my own abilities, that if I simply stuck with what worked, and used my tried and true methods of study, that I'd be ok. For me, that meant setting up study schedules, allotting a set number of days and hours to each potential subject, and after planning it out, simply sticking to the plan.

I also knew myself well enough to know that if I took myself off the plan, and focused on others, I would become unsure of myself, and also might psyche myself out mentally. When I was in Raleigh for the exam, some law school classmates were, during their lunch breaks, trying to study together and compare notes with their classmates as to how they answered certain questions. DO NOT DO THIS!!!! First, you've studied all summer; eat a leisurely lunch because that one hour isn't going to give you any advantage on the exam anyway. Second, you will inevitably discover that you and your classmates answered questions differently, leading you to question your own answer, which will not only drive you crazy, but it could seriously distract you in the final legs of your exam.

I stayed focus, I stuck with what had worked in the past, and--guess what? It worked again. I'd suggest you do the same.

2. I found a good mentoring law firm. When I worked as a law clerk in Madison, Georgia, a lawyer named Jim Winkler told me that wherever I tried to find a job, make sure to find a firm that would mentor me. I'd never thought of that before, but I thought that sounded like pretty good advice and, after having worked in the law profession for 11 years, I can confidently say that he passed on to me sage words. The quality of a lawyer you will become in your career will depend, in part, upon your first formative years. Regardless of what you're taught at law school, much of what you'll learn that molds you most will come after you start practicing. Too many firms (big, small, city or country), look at that new associate as a form of cheap labor, just a low-paid minion that can do lawyer work for less. You need to find someone who's willing to give you as much as you give them--someone who's willing to teach you not only how to do a good job, but how to be the best lawyer you can be. I've helped train a couple of associates, and I've really grown to appreciate how much time my senior partner invested in me.

It takes time to train someone from the ground up, to look at them not just as a wage laborer, but someone whom you want to help reach the best of his or her potential. In the short run, my firm could've trained me for six months, then had me out in the fields making money for them. And if they had, I'd probably be not much better ten years later than I was then. But instead, the partners invested effort into making me the best they thought I could be. I hope I can do that for other lawyers, and I suggest you find a firm that can teach you the same. I don't want to disparage lawyers straight out of school who open their own shop, but there's nothing to replace the mentoring of a senior member of the Bar.


3. I got a wide variety of experience when I started. Working in a small-town firm as a new associate, my senior partner let me get a taste of everything. I handled traffic tickets, simple divorces, wills, boundary line cases--just about anything I could imagine. While I have no desire to be a general practitioner, the variety of experience I got was invaluable, because it helped me in my current practice think from a wider perspective. I was involved in a case a couple years back involving a breach of contract, with co-counsel who represented a separate defendant. I sensed the Plaintiff was lying, and something smelled bad. I finally figured out that the Plaintiff, who'd represented himself to be a large real estate mogul, was committing loan fraud and was a sham. How did I figure it out? From my days closing real estate loans, I looked at the Plaintiff's figures, and could determine that his supposed real estate empire simply couldn't have worked.

Also, practicing in multiple areas of law taught me areas which I didn't like, but steered me to areas in which I found I had a knack. As a new lawyer, try not to get pigeon-holed. Your development may proceed slower than, say, the associate at the Big Law Firm who's funneled into its Egyptian Antiquities Law Department, but you'll be better for it in the end.


4. I focused first on becoming skilled, then on the money. Because my senior partner focused on making me skilled rather than pimping me out for money, I similarly focused on becoming the best I could be. Honestly, I didn't do poorly those first few years, but to the extent I have financial success now, it is because I put in the time in the salad days. Lawyers who are hired and are not well-mentored tend to also have a mentality about money early on, and try to find the quickest way to earn a buck. At some point, though, they will plateau, and not only be mediocre, but will in fact generate less income than if they'd focused more on their skills earlier.


5. I stuck with it when things got tough. Lots of lawyers coming out of school fantasize about working a couple years with someone, then going out on their own. Five years into my practice, I was one step away from leaving, having already found a building to lease, incorporated my practice, and even turned in my notice. However, I worked things out with my partners, and now am glad that we worked together to create a better firm. This is not to say that every lawyer should stay at his first job forever--I know that's not always possible. But remember, there is power in numbers. You'll often find that with lawyers, the whole is greater than the sum of the parts, and often, lawyers with large client bases lose some of their stability and prestige when they go on their own. Think hard before you do it.


That's enough lawyerly advice for now. According to my calculations, you have about two or three weeks left before the big day. You've had your study break, now get back to work. Good luck, you can do it!