
PLI: A big firm offers new associates human resources most of all —
other lawyers. How can young lawyers most take advantage of what they
have to offer?
DARRICK L. MCDUFFIE: Seek Feedback. To grow as a lawyer, you
must take every opportunity to allow a more senior attorney to critique
your work and give you feedback on areas for improvement. This seems
like a simple tip, but I have found that new associates often do not
ask for feed back on their work product.
Feedback comes in a two-way conversation. Simply receiving a
copy of your work product from your supervising attorney marked up in
red for revisions is not feedback. When you receive revisions, you
should review them and ask your supervising attorney for an opportunity
to discuss them. Specifically, you should ask for advice on how you
could have made your work product better. It is also important not to
be defensive when receiving feedback.
The final step in constructive feedback is implementing that
feedback into your subsequent work product. When you receive an
assignment from an attorney who previously gave you feedback, I suggest
that you discuss how the prior feedback may apply to your current
assignment. This, obviously, cannot work in all situations, because the
prior feedback may not have any relevance to certain projects. When
possible, however, you should always look for an opportunity to have a
follow-up conversation about any feedback you receive. Your supervising
attorneys will know that you are receptive to feedback, and they will
continue to give you the feedback necessary for you to develop as an
attorney.
Do Not Reinvent the Wheel. One of the earliest lessons I learned
was to always ask and search for examples of work product before
setting out to prepare anything from scratch. Chances are that someone
at your firm has done exactly what you have been asked to do (or
something similar), so there is no reason to reinvent the wheel. You
should not, however, rely too heavily on prior work product. Instead,
you should use any prior work product you find only as a starting
place. For example, if you rely on a prior legal memorandum, you must
confirm that all of the cases cited in the memorandum are still good
law. You must also conduct further research to look for recent
developments in the law and confirm that the analysis in the memorandum
is reliable. If you rely on prior work product such as a contract or
agreement, you must confirm that the language in the contract or
agreement applies to your particular circumstances. For example, you
must confirm that the relevant law governing the prior contract or
agreement applies to your current circumstances.
Be a Team Player. The practice of law is obviously difficult.
Inevitably, every lawyer will need help getting out of a bind. You
should help other attorneys (and paralegals and staff) when they are in
need. Sooner or later, you will need their help.
As a litigator, my general rule is not to leave the office
when anyone on any of my matters is working to finish a project under a
deadline. This means that if the paralegals are preparing the exhibits
to a brief that has to be filed by midnight, I will stay until it is
done. Similarly, if a partner is revising a memorandum that has to go
out to the client, I will stay until it is done. If, however, there is
a reason why I have to leave, I always let everyone know in advance. I
also check in to see if there is anything I can do prior to the
deadline. I follow these rules for attorneys, paralegals and staff,
because everyone is a part of the team and I will need everyone's help
sooner or later.
Do not think that certain tasks are beneath you. Every new
associate should learn how to operate the fax machine, printer, and
copier. When a more senior associate or partner asks you to fax a
document or make copies, do not immediately jump to the conclusion that
you are being underutilized as an associate. Often things are simply
too important or time sensitive to have someone else handle the task.
Rolling up your sleeves and getting your hands dirty is a way to show
that you are truly a team player and are willing to do what it takes to
get the job done.
Keep a Positive Outlook. You do not want to be viewed as a
complainer. Complainers are people who are never happy with the type of
work they are doing, the long hours they are working, or the people
they are working with. Everyone who works at a firm can tell you who
the complainers are, and no one believes they have a bright future with
the firm. Tellingly, I have never met a partner who is a complainer.
Most people want to work with people they enjoy spending time with. You
should strive to be the person who performs well under stress without
complaining, because people will enjoy working with you. It is that
simple. Better yet, you will enjoy your practice more if you try to
keep a positive outlook.
That said, there will always be times when work gets the best
of you. You are tired. You are frustrated. You cannot seem to get that
project just right and the deadline is looming like a vulture circling
a yak that was attacked by a tiger and is now only minutes from death.
In case you cannot tell, I have been there a few times. It is then that
you must be especially careful to keep a positive outlook. You do not
want to give anyone the wrong impression of you just because you are
having a bad day. Things will get better, but the impression you leave
will be enduring.
Stay Busy. As an associate in a large law firm, you should pay
close attention to whether you are receiving work that is comparable in
quality and amount to other associates at your level. There is no
substitute for practice. You absolutely must have sufficient experience
in your area of law in order to develop as an attorney. Thus, you
should always try to keep a steady flow of work in your chosen area of
law.
But how do you stay busy? I do not recommend sitting in your
office and waiting for work to come to you. Below are a few examples of
how to be proactive:
Again, these are only a few examples. The idea, of course, is to be
proactive but also to follow the written and unwritten rules of your
firm.
Face it, the practice of law is a profession, but it is also a
business. Staying busy is profitable for your firm and shows that you
understand the economics of big law. Do not be fooled into believing
that your hours do not count as a new associate. Even if new associates
generally are not profitable to large firms, that does not mean that
new associates do not play a vital role in law firm economics. For
instance, clients do not want to pay senior associates to do work that
new associates should be doing. If you, as a new associate, are not
doing the amount of work that you should, a more senior associate will
have to pick up the slack. This means that a client will not be happy
with the bill, or the firm will have to write off a senior associate's
time.
Finally, you do not want to give anyone the impression that you are not
pulling your weight. Your hours represent one of the quantifiable means
to assess your value to the firm. Hours alone does not equate to
success, but you cannot succeed if you consistently bill well below
your firm's average.
Find a Mentor. No single piece of advice can make or break your
legal career. As a new associate, however, nothing you do will be more
important than finding a good mentor. I have never met a partner at a
large law firm who did not have a good mentor as an associate. This
fact speaks volumes.
I believe there are some things that you will never know about
your firm unless you have a mentor willing to share information with
you. Every junior associate at a large firm, in my opinion, needs to
have mid-level associates, senior associates, and partners as mentors.
(You should also have mentors outside of your firm.)
First, you should have mid-level associates as mentors because
they will remember exactly how it felt to be in your shoes. They are
your first line of defense when you have a question you do not feel
comfortable asking senior associates or partners. If you find mid-level
associates who are good mentors, they may also come to you for
work-related advice. This is because, as a new associate, you will have
more in common with mid-level associates than senior associates or
partners. You should have more than one mid-level associate as a
mentor, however, because you never know when your favorite mid-level
associate will leave the firm.
Second, senior associates will have valuable information about
how to succeed at your firm. It is not by luck that the senior
associates at your firm stayed around long enough to become senior
associates. They have faced and overcome challenges. They have learned
and navigated the formal and informal policies of the firm. They have
learned (and no doubt continue to learn) how to produce quality work
product and provide top notch client service. You should look to senior
associates for advice regarding strategic decisions relating to your
progression within the firm.
If you are serious about succeeding in a large firm, you must
also have partners as mentors. The best associate at your firm will not
have the type of information and experience that partners have.
Partners can train you to be a truly good attorney and advocate on your
behalf with other partners. Remember, it is partners who provide input
into your evaluations. Also, partners can offer insight on all aspects
of the firm, from work-related issues to firm culture and social
events. Most importantly, partners can offer protection when you are in
a bind. For example, only partners can make staffing decisions to
lighten your case load or give you more work as needed.
It is worth noting that any mentoring relationship will only be as
rewarding as the effort you put forth as an associate. If you are not
building trust and being a team player, for example, most associates
and partners at your firm will not be willing to invest much time
serving as your mentor.
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