Photodisc Green




How Associates Can Stay Safe in Uncertain Times



Legal Times
October 02, 2008

When I was a first-year associate in 1993, it was hard to imagine that well-established law firms like Brobeck, Phleger & Harrison or Shea & Gould would disappear. It was unimaginable that a Washington stalwart like Wilmer Cutler & Pickering would join forces with a Boston anchor like Hale and Dorr.

Likewise, few, if any, of you would have predicted that in 180 days the venerable Bear Stearns would be sold in a fire sale arranged by the government, that more than 20,000 Lehman Brothers employees would simultaneously begin to clean out their desks or that the heads of Fannie Mae and Freddie Mac would turn over their keys to federal regulators. And that doesn't even reach the most recent ongoing events.

So what do the economic woes of the financial institutions and the changing legal marketplace have to do with associate development? The legal and business worlds are intertwined and interdependent, and a law firm's fortunes can rise or fall depending upon the clients it serves and its overall business model.

That means your career path may be affected by whether your law firm can adapt to marketplace changes. You, therefore, must take steps to understand the economic underpinnings of your law firm and develop concrete professional development strategies to flourish in this constantly evolving landscape.

SAVVY RECRUITS

Many astute law students and associates are doing this already. At my prior law firm, I spent countless hours developing and implementing state-of-the-art professional development and training programs for new and midlevel associates. In that capacity, and in my current role as a partner at Jenner & Block, I have had the opportunity to interact with law students and new lawyers frequently, and I have noticed a distinct shift in their thinking about the practice of law and where they fit.

Unlike in the past, today's law students and new lawyers engage me in discussions about the strength of regional versus home offices; the firm's short-term and long-term growth and retention strategies; and leverage models (the ratio of associates to partners) used by the firm and their affect on associates. In short, beginning lawyers have become savvy consumers and are thinking about the strengths and dynamics of their firms in a more fully informed way.

You should employ this same level of critical thinking as you design a professional development plan to meet your goals.

I have strong opinions, based largely on my experience designing and implementing novel professional development programs, regarding the development strategies that new associates should use. There are some universal strategies that should work well for associates who want to become partners, as well as for those with other ambitions.

UNIVERSAL STRATEGIES

Provide top-notch client service. You as a junior associate will have the smoothest path to success if you focus on providing top-notch customer service to your clients. And your first clients (and, arguably, the most important) are the senior associates and partners with whom you work daily.

Although some may quibble over whether an external client (the person or entity whom you or your firm represent for remuneration or on a pro bono basis) and an internal client (the partner or senior associate for whom you work) are equally important, your success at a law firm will largely depend upon how you service the internal clients.

You will find that the skills that permit you to succeed in meeting the needs of external clients are virtually identical to the skills you need to meet the needs of your professional colleagues for whom you provide research, written work product and legal advice.

You need to quickly figure out how your clients like things done and do them that way while avoiding their pet peeves. This means that you will have to be flexible in your writing style and in your modes of communication. The mantra of "one size fits all" does not apply in Biglaw. If you don't know the likes and dislikes of your clients, ask others who service them. You also should get copies of work product that you know the supervising lawyer holds in high regard. The key is to be both proactive and responsive.

Exceed the minimal expectations. Every law firm has goals and expectations, some of which are spelled out like the billable-hour target and others that you won't find in any manual.

I strongly suggest that you figure out exactly how your performance will be measured and focus on exceeding the goals set by your firm. Thus, if the firm's billable-hour target is 1,900 hours, why would you put yourself in a situation where you have to justify why you didn't make your hours? If you are not getting sufficient work to meet the target, then you need to address this right away instead of cowering in the corner hoping that you will fly below the radar. Be proactive; this is your career!

If the partner has asked for a draft of the brief by Friday, instead of giving it to her at 5:30 p.m. right before you head out for a long ski weekend, how about setting an internal goal to provide a polished work product by Wednesday? Don't sacrifice thoroughness or quality for speed, nor should you overpromise and then underperform. But push yourself. When you consistently do more than is expected, you typically get better opportunities sooner.

Of course, you should enthusiastically participate in every internal training program offered by the firm and approach each experience as if you were providing legal work for the firm's No. 1 client. That means you may have to prepare for the deposition skills workshop on a Saturday night instead of going out, but it will be those of you who make the extra investment in your own development who will move forward.

If you start out with a bang and develop a reputation as someone who goes the extra mile, embraces opportunities to improve your skills, thinks independently and offers suggestions on how to move the ball forward on a case or project, those things will carry you through even if you hit a rough patch in your career. They also will serve you well should you change direction and pursue other career opportunities.

Don't send an e-mail when you can meet in person. You want to avoid being the topic of a conversation between partners that starts with, "Can you believe Associate X did ..." When discussions begin that way, the partners usually go on to recount the associate's actions or inactions that drive them crazy such as failing to cite check or proofread briefs, not completing assignments on time, missing the mark completely on a project and myriad others.

One of my pet peeves is this habit that many lawyers, most of whom are new to the profession and have never known a world without the Internet, have developed of sending an e-mail instead of walking down the hall to address an issue in person. This has happened even with associates who sit in the offices near mine!

I am particularly annoyed when an associate e-mails me a document late in the day, which prompts me to call my wife to let her know that I will be late because I need to edit a document. Imagine how I must feel when I show up at the associate's office a short time later after revising his work product only to find an empty office and a computer in sleep mode.

A word of advice: You especially do not want that to happen during the evaluation and advancement season.

In short, communicate face-to-face whenever possible. Walk down to the partner's office, hand her the finished product and ask when she will be providing feedback so that you can finalize the work. While you are at it, share with her your thoughts on how to proceed in the case and offer to take on new tasks. She will appreciate that you have demonstrated "ownership" and should reward you in the future.

Share bad news early and propose solutions for the problem. Bad outcomes happen in the practice of law. Instead of becoming paralyzed if something does not go according to plan, go immediately to your supervising lawyer to advise her of your concerns (or mistakes).

It is even better if you go to the supervising lawyer with a proposed solution. One of the best lessons I learned from a senior-partner mentor at my last firm was how to prepare a client for potential negative outcomes and how to share bad news. It is an invaluable skill that will serve you well throughout your career. Start refining that skill with your internal clients before you have to use it with a paying client.

Prepare a written professional development plan today. I strongly advocate that you prepare a concrete, written plan of personal action items you intend to pursue over the next 90, 180 and 365 days to advance your professional development. Write down the specific projects you want to undertake to sharpen your legal skills (e.g., draft an entire section of a summary judgment brief) as well as how you intend to better serve your internal and external clients (e.g., schedule lunch with your internal clients to get feedback on your work performance). Focus on skills that will serve you well regardless of whether you stay in your current firm or are compelled to move elsewhere.

In light of the changing professional landscape, it is more important than ever for you to be vigilant and take control of your own professional development. No matter the path you intend to pursue -- whether toward partnership at your firm or toward something else -- take the time to develop a concrete, written professional development plan today.

Eric S. Jackson is a partner in the Washington, D.C., office of Jenner & Block.