Wednesday, April 1, 2009

Welcome to the Profession - My advice for new lawyers

Bar Exam results are due in one month, which means the hundreds of law school graduates who took the exam last February are lying awake nights.

It takes me back to my bar exam days. I took both the Oregon and Washington bars over the course of a year and have avoided bar exams ever since!

I got lots and lots of advice in those days, some good, some not so much. But since I've been in practice more than 12 years, I believe it is time for me to start doling out the advice. I'll try to include only the best of what I've heard over the years.

1. BE KIND TO THE COURT STAFF. Those folks who work at the courthouse have the power of life and death over you. If you are the type of person who enjoys a power struggle, get over it. The clerks enforce the rules, you follow the rules, and you will be nice about it. You will never use curse words, and you will never yell. Even if you are right and they are wrong, you will never shame them. This is an important rule, and if you don't follow it, you will quickly learn the consequences!

2. LOOSE LIPS SINK SHIPS. You came out of law school knowing that you have to keep client confidences, so you know you can't bad-mouth your client in public. But what about Judges? You can bad-mouth them, right? Putting ethics issues aside, I know lawyers sometimes get frustrated with Judges. They say, "I just need to vent," and I understand that. But what if your vent-ee rides bikes with that Judge, or maybe their kids play soccer together? The legal community is like a small town. Learn the value of discretion.

3. YOUR JOB IS TO RETURN MY PHONE CALL - AND EVERYONE ELSE'S. My life got a lot less stressful when I realized this simple fact. My job is to answer the phone every minute I can from start of the day Monday until close of business Friday. And my job is to call people back as soon as I can. The biggest complaint clients have about lawyers is not returning phone calls. And lawyers have this complaint about other lawyers. So pick up your phone and give me a call sometime, ok?

4. CARVE OUT QUIET, LAWYERLY TIME FOR YOURSELF. Face it, you are a big nerd. You like to study and write long research papers and to accumulate obscure knowledge. You've just spent three years learning to write briefs. Now you're finding that real lawyers barely have time to type an email. So take some time, whether it is a morning at the law library or a weekend afternoon without phones, and get those big projects done. Take the time to be competent in a new area of law. Geek out! You deserve it, and it will help your practice.

5. MAKE FRIENDS - OH, AND TRY TO HAVE SOME FRIENDS WHO AREN'T LAWYERS. Networking is good for business, but don't get stuck in the lawyer ghetto. Lawyers see the worst in people. Sometimes we need other perspectives to get our heads out of the muck.

6. GET A HOBBY. Don't be one of those lawyers who say, "Oh, I just love my work. It's my hobby." (You know who you are!) Those are the really dedicated lawyers, but they are heading for trouble. You can't be emotionally healthy without a variety of interests. Go ride a bike. Go skiing. Go for a walk. Go build furniture in the garage. Plant a garden. Hike. Get a horse. Whatever you do, find something completely UNLIKE your job. Your mental health will thank you.

7. YOU CATCH MORE FLIES WITH SUGAR.

8. WORK! WORK! WORK! I do encourage hobbies and friends, but never forget, the practice of law is the application of the seat of the pants to the seat of the chair. Do good work, figure it out, become competent. This will be your career's work - to be a good lawyer. You will not get there without hard work.

9. ASK, ASK, ASK. More experienced lawyers are glad to share their knowledge and often their forms with young lawyers. They will mentor you. They will allow you to observe hearings, meetings, and depositions (with client's permission). I have not always been comfortable asking for help, but I have rarely been disappointed.

10. KNOW THE RULES OF PROFESSIONAL CONDUCT, ESPECIALLY THE RULES ON TRUST ACCOUNTS. Many of these rules seem intuitive, but beware. They are frequently updated, and sometimes the rules don't come up until you've already found yourself in the situation. Stay familiar with the RPCs and you'll save yourself a lot of trouble down the road.

11. DON'T BE A DOORMAT. The lawyer jokes are not true. Lawyers are giving people - it is really a caring profession. You will get into trouble when you try to do too much for too many. You must learn to say "no." Attorney Terry Lee recommends keeping your family's photo facing toward you on your desk to remind you that you first owe an obligation to your own family. I myself keep a note facing toward me which reads "don't be a doormat."

12. YOU DON'T HAVE TO TAKE ALL THE ADVICE YOU HEAR. Law school graduates get plenty of advice, but here's the best advice. If you don't think the advice makes sense or is ethical, you don't have to follow it!

Good luck to all those awaiting bar results in May!

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