It is safe to say that starting something new is always difficult for one reason or another. One of the biggest transitions of almost every lawyer’s career, from law school to practicing law, need not be. You can minimize the hardship of this new endeavor by never hesitating to ask questions and always asking for additional experience, whether it be sitting in on a deposition, observing a hearing, or speaking with clients. Those you work with will be grateful because your success will ultimately be their success and the firm’s success.
Unlike many authors on this site, I haven’t spent decades in the legal profession or tried dozens of cases. In fact I haven’t even been working in the legal profession (post–law school that is) for more than four months. At our firm, and at every firm, no one expects a first-year attorney to come in and know the ropes; it’s not the nature of the legal industry for someone without experience to thrive. That being said, the learning curve is steep, as it should be.
Never Be Afraid to Ask Questions
I was never a fan of the old maxim that “there is no such thing as a stupid question,” but starting full-time employment in a legal industry that typically values experience over youthful exuberance has taught me that the most important thing I can do is ask questions. I am sure that at least some of the questions I have asked the more experienced attorneys at my firm have either been obvious to them or even something that comes as second nature after practicing for years. But, again, that’s okay, and that’s why most people don’t immediately start their own law firms upon graduating from law school (despite what the main characters did in Daredevil).
Asking questions, or asking for additional work, will show those you work with two things: first, it will show them that you are immersed in what you are doing, actively participating and not mindlessly researching a singular topic; and second, it will show everyone that you are a team player, doing everything that you can to help the firm and learn in the process, whether you are assigned to a case or not. Having assignments to work on all day is another benefit of continuously asking questions or for more to do, whether you need to meet a yearly hours quota or because a busy day is a quick day.
When I was a summer legal apprentice, a fancy name we call our summer associates, I would regularly make my rounds to all the attorneys that I knew were working on cases where I was not involved or that I knew had important deadlines coming up. Making these rounds helped me as a young attorney/summer associate in so many ways; it helped me grow as a young legal professional by giving me a wide range of cases to work on in all different stages of litigation; it helped me get acquainted with those who would become my colleagues in a year’s time; and I was even rewarded by being taken to a federal summary judgment argument on a case that I was not initially assigned after I had done a substantial amount of work on the briefing.
No one at your firm is going to expect that you can draft the perfect brief, find the perfect case in ten minutes, or step up and argue a motion immediately after graduating from law school. Nor should they. Doing so would be borderline malpractice. The legal industry thrives on its hierarchy. As you get older and experience more in the legal world, the pressure to draft the perfect brief, find the perfect case, and successfully argue a motion will increase — but so will your confidence, ability, and success. The practice of law is like baseball; you need to hone your skills in the minor leagues before you get to pitch game seven of the World Series.
Not Everything Is Going to Come Naturally
Everyone has that one friend, coworker, or family member that seems to immediately get “it,” whether that “it” be a new skill, a sport, or something else. But in law it’s impossible to understand everything on your first try. That friend, coworker, or family member wasn’t always so quick at figuring out problems; it came with practice and doing things they may not enjoy doing. When I started law school and my first legal job, I hated doing legal research and I never wanted to work in litigation.
I had to take legal writing my first year in law school, which required a lot of legal research. Legal research was a chore to me; it was the mandatory astronomy class that I had to take college or the cooking class I took in high school where everything came out burnt. I was horrible at legal research and never wanted to draft a legal memorandum or argue a case in front of my peers, much less in court. It took me a year and a half to really “get” legal research, but when I did it became my favorite thing to do at school and at work. Now, I accidentally use terms and connectors in Google searches and when ordering lunch online (“french onion” /2 soup % chips). My point is not that I’m crazy and don’t like french onion chips but rather that one of my favorite things to do at work used to be something I couldn’t stand. Now I relish the opportunity to do legal research and look forward to the day when I will be able to argue a motion in court or cross-examine a witness at trial.
Just because something doesn’t come naturally does not mean it’s impossible to learn. Some of the most useful skills in lawyering don’t come naturally to most, but those who persevere are rewarded.
Brian Grossman was an attorney at Balestriere Fariello, a trial and investigations law firm which represents clients in all aspects of complex commercial litigation and arbitration from pre-filing investigations to trial and appeals. You can reach firm partner John Balestriere at [email protected].
