Tough Love for New Associates

Commentary: Tough Love for New Associates

Jason Braun
Texas Lawyer
August 04, 2009

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My professors in law school taught me case analysis, courtroom techniques and legal research skills, but they overlooked one important area: the practical realities that exist within a firm.

When I became a lawyer, a partner gave me what I now realize was great advice: "Don't think like an associate," she told me. "Think like a partner." I wisely nodded my head. "Of course," I solemnly replied, hoping she would not notice my confusion.

Truth be told, I really did not understand her advice. But over time, I learned that the basic premise behind the advice is to put the client first and let the partner be your guide.

New associates love being lawyers -- or at least should -- and hopefully their first and foremost goal is to become a great lawyer. Over the past few years, several tenets have helped me on the way to that goal. Some I learned quickly; others I learned through trial and error.

PARTNERS ARE ASSOCIATES' FIRST CLIENTS
New lawyers should act as though they owe a fiduciary duty to their firm and its partners, whether or not the law recognizes one. Those who act on this belief will respond to situations appropriately.

Associates should always strive to provide the partner with perfect work. Here is a little secret: You will fail miserably numerous times. But do not be disheartened if the partner says your perfect brief is complete and utter trash. Keep striving for perfection, and the criticism will lessen. I guarantee you will learn more through criticism than through praise. Practice does not make perfect; perfect practice makes perfect. Do not rely on the partner to catch mistakes and fix them. If a document is not good enough to go to the client, it absolutely is not good enough to go to the partner.

Also, keep an eye out for potential problems that could impact the firm. Remember, think like a fiduciary and look out for the firm's best interests, just as you would a client's. Anything that could hurt the firm or the partners is your problem. That means "it" -- whatever it is -- is never just someone else's problem.

FOLLOW THE LEADER
Some associates complain ad nauseam about partners who criticize their appearance or yell at them. They whine about the long hours the partners demand and are indignant that partners refuse to listen to their ideas regarding a case. Don't be one of those associates.

In a profession full of type-A personalities, most associates will work for partners who get visibly angry at something an associate does. They may even work for the dreaded partner who shouts at associates for making mistakes. In my opinion, those are the best partners because when you make a mistake, you will never forget it.

Lawyers are expected to sacrifice leisure time and family time to get projects done for clients. In a client's world, there are no excuses for bad results. In an associate's world, that means "my children are sick," "my dog just died" or "I am going through a messy divorce" are never excuses for bad results. Clients may sympathize, but they will do so while searching for a new firm to represent them.

In addition to a lawyer's work product, clients make judgments based on appearance and attitude. Always assume that the partner knows the client's likes and dislikes. Let the partner be your guide as to how you should conduct yourself at the firm and in front of clients. If the partner tells you to cut your hair or shave the goatee, he or she has a good reason. So start shaving -- with a smile.

The same advice goes for anyone who thinks bringing backpacks to a firm is hip, cool or somehow a symbol of independence. The old adage "you never get a second chance to make a first impression" is true.

MAKE YOUR OWN RAIN
In firms, those who make the rain also make the rules. Associates who want to make their own rules should become rainmakers themselves. The legal industry is a service industry, and lawyers must constantly market and sell their services.

First rule of thumb, always carry business cards. Fumbling for business cards in your wallet and mumbling that you left them back at the office never makes a good impression. When attending an event, keep business cards in an easily accessible place, such as a coat pocket or, even better, a card holder.

Once armed with business cards, use them. The cards are useless if they remain in a pocket. Start by exchanging cards with other attorneys. Meet other lawyers and follow up with lunch. Often other attorneys are the best source of business referrals.

Do not expect immediate results. Associates who keep meeting new people and building contacts will be in a position to obtain their own clients someday. Have patience. The process can take years. Business development is a lifetime commitment.

CHEERLEADERS CAN BE TOUGH
This is the touchy-feely category that many associates do not believe has a place in the stern and serious world of law. A new lawyer can be a hard-as-nails associate, fighting aggressively with opposing counsel, and still be a great morale builder.

Everyone works better when morale and spirits are high. Not surprisingly, partners want morale to be up at the firm. Many associates, however, are entirely self-absorbed and pay constant attention to how they are feeling after having two bad days in a row. Get over it.

The firm is better served when associates focus on building the morale of others. Many associates take a hands-off approach to staff issues, believing those issues are the domain of the human resources department. That is a mistake. While human resources has its place, associates will reap benefits from learning when someone is not doing well or could use some help getting through the day. Do something nice for them as a pick-me-up.

Associates can have a positive impact on a firm's culture, whether they are at the bottom or the mid-level. Every firm suffers low morale from time to time. Do not accept it. Do something about it.

I hope these concepts will be as useful to you as they have been for me over the past several years. While success is never guaranteed, you are now off to a good start. Good luck.


Jason Braun is an associate with Ajamie LLP, a litigation/arbitration boutique in Houston. His principal practice areas include business, fraud and financial litigation; insurance coverage and construction litigation; and commercial and securities arbitration.