Management Counsel

MANAGEMENT COUNSEL: LAW PRACTICE 101 By: Andrew M. Hale

Kramer Rayson LLP

12 THINGS I WISH I KNEW AS A NEW ASSOCIATE

Embarking on the practice of law comes with a steep learning curve. Perhaps one of the most shocking truths with which every new lawyer is confronted is that law school didn’t teach them everything they need to know to actually practice. While our law schools do an excellent job rewiring our brains to think like lawyers and teaching us substantive law, there are simply things in this profession that cannot be learned until you are confronted with them. This can be enormously stressful, adding to the stress that inherently comes with being a lawyer.

I am certainly no exception to this. As I begin my fourth year as an associate, I’ve reflected on all that I’ve learned in the past three years, both about the practice of law and the life that comes with it. While I am well aware I still have much learn, here are 12 things I wish I had fully grasped starting out. 1. It is called the “practice” of law for a reason.

Early on in my career one of the senior partners stopped by my office to ask how things were going. “Good,” I said. “I think I’m starting to figure out how to do everything.” The senior partner responded, “well when you figure it out, let me know.”

It is called the practice of law for a reason. You are always learning and adapting to a unique circumstance. As lawyers, we confront unique sets of issues and, using the law as our tools, obtain the best outcome possible for our clients. No two cases are the same, and you are not going to know all of the answers all of the time – and that’s okay. Our job is to find the answers. 2. You cannot control everything.

Starting out, I would run through the gamut of every single outcome based on every single action I could possibly take, often worrying about facts I didn’t know to be true or to even exist. Then, I would try and game the system and make decisions based on some outcome I thought could potentially happen. Needless to say, this drove me crazy. After going through this maddening exercise with a mentor, he told me that “you cannot practice law or live your life like that. You have to make decisions based on the information you have and can reasonably know at the time.”

You cannot control everything. Take the facts and circumstances in front of you and make an educated and well-informed decision. If you have to alter your course of action later because circumstances have changed, that’s perfectly fine. It’s called “adaptability.” 3. You are just as much a “counselor” as you are a lawyer.

Our clients often call us with complex legal issues that need to be meticulously analyzed and eloquently briefed. However, that’s not the only thing our clients need from us. Sometimes they just need a listening ear, or someone to walk them through a situation and talk them off the proverbial ledge. This is just as important as providing legal analysis. You’ll sound just as smart doing both. 4. Don’t check your common sense at the courthouse door.

This is an oldie, but a goodie. Not every issue necessitates intense legal research. What you often think is the correct answer – based on your intuition or the practical reality of the situation – is in fact the correct answer. I’m not saying don’t do your due diligence, but don’t think you don’t know the answer because you haven’t logged into Westlaw. Trust your gut. The answer is often more common sensical than you think. 5. There is no substitute for hard work.

I often hear the phrase “work smarter, not harder.” While I agree that we should work efficiently (especially for those of us charging our clients by the hour), there is no substitute for putting in the hard work. Partners see it, judges see it, and clients see it. Hard work got you through law school and the bar exam, and it will carry you through your practice. 6. Utilize your support staff.

You have to do a lot of things to do our job right. Many of those tasks can be meticulous and time consuming, and while important, are not an efficient use of your time. So, while there is no substitute for hard work, utilize your support staff to do some of those other important tasks – clean up the file, draft a letter you dictated, and schedule your appointments. This will free your mind and your time to tackle the more pressing issues you’ve got on your plate. 7. Keep a well-documented file.

The practice of law is busy, and it only gets busier the longer you’ve practiced. Sometimes months can go by before you revisit a file. Having that file well-documented will save you a lot of time and heartache trying to figure out where you left off. 8. Pick up the phone.

It is easy to avoid a hard or time-consuming conversation by sending an email. Make no mistake, email is necessary, and we often need it to document a conversation or better convey our thoughts. But as easy and important as email is, it can prolong simple issues that prohibit progressing a matter forward. How many times have you opened an email and said, “I’ll get to that later,” only to forget to get to it later? It is amazing how effective a simple phone conversation can be in moving things along, getting things done, or even quickly finding a mutual resolution to an issue. Then, of course, send a follow up email. 9. Time is your greatest resource.

Lawyers live busy lives. We have a lot of things to remember, numerous professional obligations, and families to take care of in the same twenty-four hours everyone else gets. For many of us, our time is the measure by which we make our living. Think carefully about how you use your time. I don’t mean work all of the time, but choose what you do with your time wisely. Utilize your calendar and plan your days and weeks ahead of time so that you can meet all of your deadlines and be mentally present for your professional and personal obligations. 10. You are never too busy to be a good family member or friend.

This can be an all-consuming profession. Our clients entrust us with what is often one of the most, if not the most, pressing dilemmas of their life or for their business. It’s hard not to carry the weight of that reality home to your family or when you are with your friends, but it doesn’t need to affect your relationships with them. While you are a lawyer, you are first a parent, significant other, sibling, and friend. Continuing to take the time to invest in those roles will make you a better lawyer and help prevent you from burning out. 11. Find a healthy stress relief.

Find something that simultaneously relieves stress and sets you up better to tackle the job the next day. Hit the gym, go for a run, ride your bike, play some tennis, whatever. It is amazing how much better you feel about stressful work situations when that stress fuels your exercise. 12. It’s going to be okay.

I cannot tell you how many times I’ve laid awake at night worrying about this thing or that thing – fearful of the worst-case scenario happening. It’s natural for that to happen, and it will continue to happen. It happens to everyone. In fact, if you care about your job and your clients, you should be concerned about making sure things get done and get done right. However, for everything thing I’ve worried myself sick over, one thing has always remained true – it’s going to be okay. Be concerned, put in the hard work, and trust that it will work out in the end.

About this column: “The cobbler’s children have no shoes.” This old expression refers to the fact that a busy cobbler will be so busy making shoes for his customers that he has no time to make some for his own children. This syndrome can also apply to lawyers who are so busy providing good service to their clients that they neglect management issues in their own offices. The goal of this column is to provide timely information on management issues. If you have an idea for a future column, please contact Caitlyn Elam at 546-4646.