August 25, 2008
Law is a service profession. Good service depends on good communication. Good communication must be relevant, focused and timely. Yet, law school essentially teaches future lawyers nothing about good communication skills. There are courses in legal writing and advocacy, but little about the day-to-day practice of law. Freshly-minted lawyers, as a result, often have poor communication skills. Such under-developed skills can, in practice, be as harmful to a budding career as lapses in judgment or even downright incompetence.
Let's review some key aspects of good communication that junior lawyers should begin to develop in their first days of practice. These skills are enduring. No matter the area of practice, type of position (government, in-house or law firm), and no matter the size of institution with which the lawyer associates, good communication skills will always serve a lawyer well.
Ask questions The most basic form of communication, designed to maximize exchange of relevant information, is the question. Yet, many bright, motivated junior lawyers, accustomed to asking questions in law school, suddenly are struck dumb during their first days in practice. Perhaps they assume that the partner or other senior lawyer must know all the relevant facts and issues that the junior lawyer should possess to understand an assignment. Perhaps they fear that asking questions may reveal their ignorance or somehow constitute an annoyance. All these attitudes and assumptions are invalid. You can never ask too many questions, and there really are no "dumb" questions.
Remember:
- You must ask questions to make sure you fully understand an assignment (including when it's due, the preferred format, and a rough estimate of how much effort you should put into the assignment – "once over" or "no-stone-unturned").
- When obstacles arise during a project (and they inevitably will) you must formulate your best suggested solution, and then ask questions to make sure that your solution is approved.
- When you think you're done with the assignment, you must confirm that fact, and ask questions to see whether there's anything else you can do to help.
Check in regularly
Busy senior lawyers prioritize their days. Client calls, court appointments and the like generally have top priority. Research, writing and consultation with other senior lawyers comes next. Last on the list may be checking up on junior lawyers. Many senior lawyers hand out assignments, and assume that they will be done, on time and in good form, unless they hear to the contrary. This "see-no-evil" supervisory approach means that junior lawyers must regularly "check in" with senior lawyers, to report their progress and to discuss any problems.
Consider:
- Even if the assignment is going well from your perspective, the senior lawyer may have new information, or new directions, that will affect the assignment.
- Check in regularly, to find out whether circumstances have changed. Check in sessions can be great opportunities for you to integrate yourself into a practice team. A report on your progress may lead to a longer discussion on strategy for the matter, giving you a sense of the "big picture," and helping you learn how such projects get done.
- Even the briefest of check in messages (an email or voice-mail summarizing your progress) gives the senior lawyer confidence that you are on track, and an opportunity to correct any missteps in your approach.
Vet drafts
Many junior lawyers harbor tremendous anxiety about their writing abilities, which can produce a "you can't see it ‘til it's done" attitude. Worse, some junior lawyers send out materials (to senior lawyers and even to clients) without soliciting input from their immediate supervisors. The result may be grave disappointment or embarrassment.
Notice:
- The point here is not to foist all responsibility for your written work on to your supervisor. Do your best work, always. Do not turn in a "rough draft," if you know it requires revision, and you know you have the time to revise it.
- Outlines and rough drafts, however, can be an essential part of good communication. By providing them to your supervisor (early, to give a reasonable opportunity for review) you may communicate (quite cogently) your thoughts about the matter, and open a dialogue with your supervisor on the merits of your approach (versus any alternatives the supervisor may have in mind).
- Failure to share drafts and outlines can produce communications errors that may undercut your hard work. For example, a misspelling of a client's name, or failure to use the proper title, while trivial in the scheme of things, can irritate your audience in ways that prevent a fair assessment of your effort. Quick review by a supervisor can eliminate these and other communication errors.
Respond promptly
Many clients and senior lawyers wait until the last minute to ask junior lawyers for help. As a result, when they ask, they generally need (and expect) a prompt reply. Even when the matter is not urgent, moreover, a prompt reply is a sign of respect, generally well appreciated. Yet, many junior lawyers can fall into mental traps about such communications.
Observe:
- A prompt, incomplete response beats a complete, tardy response virtually every time. Reply promptly even if your answer is "I'm not done yet" or "I can't talk in detail right now." Clients and senior lawyers understand that you may be busy. They do not understand when you go missing for extended periods.
- Anticipate your absences. Tell clients and senior lawyers when you will not be available. Put an "away from office" message on your voice-mail and email. Remind your secretary to tell people you are out. Make sure to reply as promptly as you can after you again become available.
- Use the regular "check in" system to avoid emergency, last-minute calls from clients and senior lawyers. Ask (frequently) about their expected future needs. Suggest steps that could be taken now (or soon) to advance the project (rather than waiting to perform the same steps later, at the last minute).
Good communication will serve you well, throughout your career. Develop and hone good communication skills, just as diligently as you develop substantive skills in your chosen area of practice.
The author is a partner in the New York City offices of Jones Day, and a member of the firm's Training Committee. His publications include The Path to Partnership: A Guide For Junior Associates (Praeger 2004). The views expressed are solely those of the author, and should not be attributed to the author's firm or its clients.
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