Understand Your Rights. Solve Your Legal Problems
Law school is the one thing lawyers all have in common. Whether a trainee solicitor in a regional high street firm, a partner in a multinational law firm, or a barrister working in-house, we all went through much the same experience. But there are some things that were likely never taught. Here Will De Fazio-Saunders, solicitor at Barlow Robbins LLP, discusses 5 of these things.
We all attended lectures and seminars, spent hours poring through textbooks and marking up statute books, and sat exams. We steeped ourselves in Coke, Blackstone and Denning and came out of law school with our minds (more or less) full to the brim with legal theory.
However, we were not lawyers yet. Law school was essential in providing us with the requisite academics to contribute to the profession but out in the ‘real world’ legal theory and legal practice are two very different things.
In law school, we were used to writing lengthy essays encompassing statute, case-law and complex legal principles but when a client comes to us with a legal problem, they do not want a 3000-word treatise full of statutory citations and obiter dicta quotations. They probably did not go to law school, and, even if they did, that is not why they are contacting us. Clients want us to explain how we can solve their problem or help them achieve their goal, and explain in a way which is easily digestible - a skill which takes years to learn.
Depending upon our practice, we may come across clients from a range of different backgrounds. Some have no understanding of the law whatsoever and we need to spell out everything. Others are more sophisticated users of legal services, and we want to avoid patronising them, whilst still ensuring that we give full and clear advice. Tailoring advice to each client is a skill which can only be learned over time.
Whilst many lawyers may work in-house, and are lucky enough not to need to deal with costs, for the rest of us, costs are a potential minefield – particularly for the freshly minted lawyer.
How to estimate costs effectively to cover the work we are going to do without putting off potential clients by pricing ourselves out of the market; how to approach revising our estimates if we are going to go over budget; and when to take a global, commercial view before billing a client every penny of WIP – dealing with costs is undoubtedly more an art than a science.
Complaints are, sadly, an inevitable part of the job for most, if not all, lawyers. Even some of the very best and most experienced lawyers must deal with complaints – whether unfounded or otherwise – from time to time.
Typical complaints that arise relate to costs (another reason to ensure that as lawyers we become adept at handling that potentially sensitive issue). Many clients are bound to complain about the final bill when it arrives, no matter how happy they have been with the service and how clear we were from the outset about the costs.
On other occasions, we may need to hold up our hands and admit that perhaps we did not revise our estimate quite as often as we should have done. A lawyer’s first complaint is never a pleasant experience, and it is only over time that one learns how to deal with (and – preferably – avoid) them.
Gone are the days when a firm of solicitor could simply open shop on the high street and expect enough footfall to keep the filing cabinets full of new matters. The legal industry has never been more competitive, and, accordingly, lawyers have never been required to engage in as much marketing as they do today.
Articles and blogs, seminars, networking events – these are all part and parcel of most 21st century lawyers’ professional life, but something law school neglected to cover in lectures and seminars.
Endeavouring to teach law students exactly how to work within “a law firm” would be an exercise in futility, since no two law firms are the same. Like any business, it is only after spending some time at a firm that we learn how the operation functions – how solicitors, partners, paralegals, and support staff work together; the firm’s (and individual lawyers’) approach to writing, drafting, billing, and everything else which goes with the job.
Equally, it is only after working at a law firm – and possibly more than one – that we can be sure we have found the right fit for the lawyers we are, and the lawyers we want to be.
Whether it’s an interview at a local bar, or an interview at Google, there’s always the usual advice for nailing the job, but when it comes to being interviewed at your dream law firm, you need the right advice. Charles R. Toy, Associate Dean of Career and Professional Development at Western Michigan University-Cooley Law School has seen many come and go, and has all the best tips for standing out amongst the rest.
You meticulously follow application instructions. You submit a relevant and errorless resume. Your exacting work achieves your desired result – an interview!
Now what? Your job search process advanced a quantum leap from distant to face-to-face. You no longer have spell-check or numerous redrafts – now the perspective is personal, verbal, and dynamic. You can flourish at this next level by using these tips to nail your interview.
Be Prepared. You already started this key component by researching the employer to match your application materials to the position. Now is time to refine the scope and depth. Research the potential interviewers, specific cases handled by the employer, major clients, and law firm profiles. Do not beat the interviewer over the head with this information, but casually use this information in a conversational manner to answer questions or give examples. Begin to think and effortlessly speak in the employer’s vocabulary.
Speak to networking contacts that may have information about the employer or interviewers. Find these informed contacts using LinkedIn or your law school’s alumni database. These contacts may know about firm or corporate culture. By seamlessly speaking in the language used by the employer, the interviewer will feel more at ease and conclude that you are a great fit for the law firm.
Practice interviewing skills. Make an appointment with a career advisor at your law school to schedule a mock interview. Prepare concise statements of your key achievements or times you demonstrated sought-after qualities. Anticipate difficult questions and rehearse your answers. Use your research about the employer to form thoughtful questions to ask during the interview. Think about what you are asking and what you hope to learn with the answer. Incorporate questions from the interview – it clears up any uncertainty and it demonstrates that you were listening.
Learn different interviewing techniques and be prepared for any type of interview. Know how to answer behavioral based interview questions to highlight your best characteristics or what you learned from a challenging event. Frame your answer by stating the situation to give context, what needed to happen, what you did to address the situation, and the outcome. Prepare answers to dovetail with the qualities the employer is seeking in a new associate.
Be enthusiastic. Employers know immediately whether you are passionate about a job. You need to communicate that you are a great fit for the position and you have a strong desire to work for the employer without saying it. If you are not excited about an employer’s specialty practice area or the law firm, you are pursuing the wrong job. Your actions, your demeanor, the expressiveness of your voice, and your posture all show your enthusiasm. If you are engaged and enthusiastic, your interviewers are as well. Remember, exude confidence.
Be professional. Displaying professionalism starts with your timeliness, manners, and appearance. Many employers have quipped that if a job candidate cannot attend to the little things in life, how will they manage the big things in life.
Being professional extends to all the characteristics that make an effective attorney. During your interview demonstrate transferable attorney skills, as listed in the last paragraph and published in endnote 1. Your preparation, listening, and oral skills are plainly on display during an interview. Some interview questions test whether you can logically organize an answer and effectively advocate on a very emotional issue. Remember, if you act and sound like an attorney, the employer will see you as an attorney.
An interview is never over or “off the record.” At social events, think about your professional appearance. Do not eat messy food, drink alcohol, or relax around staff or associates. Every employee’s observations of the candidate gets back to the decision makers.
Be likeable. Who wants to work around a cranky and whining person? Every employer has experienced the stress of being an attorney. They do not want to add to that stress by hiring a negative person. In the interview, you need to accentuate that you can collaborate and work cooperatively with everyone. Being likeable extends to exhibiting good manners – do not forget to send a thank you card after the interview.
By remembering these dynamics you will nail your interview. Simultaneously you will demonstrate effective attorney skills that include: preparation, analysis and reasoning, creativity, problem solving, practical judgment, research, questioning and interviewing, listening, influencing and advocating, organizing and managing your work, seeing the world through others' eyes, and using effective methods of oral and written communication.[1] After your successful interview, you will use another skill of an effective attorney -- negotiation.
Charles R. Toy is the Associate Dean of Career and Professional Development at Western Michigan University-Cooley Law School. During his 9 years in that position he has interviewed over 1,500 legal employers. He practiced law for 27 years as an appellate judicial law clerk, assistant prosecuting attorney, and as an attorney in boutique, midsize, and large law firms. Toy is a Past-President of the State Bar of Michigan.
So you’ve got to the point where you’re thinking of starting your own law firm, or something to at least get you out of the office. Can starting your own company really be that difficult? Where do you start? Below Andrea Hall, Founder and Principle of US based The Hall Law Office, LLC, discusses with Lawyer Monthly her own journey of founding a firm, and hints at some starter advice for those brave enough to embark on the feat.
This was my first question when I had looked for a job for a year and still could not nail one down. I only wanted to specialize in criminal defense and most firms wanted me to do more general practice. I thought after all the years of schooling why would I let someone else dictate how I spend my working hours. Firms require HUGE billable hours which ends up being way more than a 40-hour work week. I thought do I really want to kill myself and not do what I love. The answer was a resounding NO!
Every criminal defense attorney I met with said start your own firm. I said who does that right out of law school you must be crazy. I guess that is what malpractice insurance is for RIGHT! Ha ha ha
Well, I did and maybe I was naïve…yet that may have been a good thing because looking back now it was the best thing I could have ever done. I want you to know that it is totally possible! People may think you are crazy yet it is so possible. You must be very disciplined and dedicated to building your dreams. If you didn’t know most businesses will fail in the first 5 years. I decided my happiness depended on my success so I jumped in with both feet!
Decide your area of practice you want to work in. Take everyone you think might be able to give you advice out to lunch. I took every criminal defense attorney in the jurisdiction I wanted to work in out to lunch. They all gave me great advice and said they would help me along the way. They would refer me clients that couldn’t afford them and I could start my own business. They gave me their old statute books to get started. They answered any questions I had. They helped me with a fee agreement and holly cow what do I charge this person they just referred to my office.
I worked as a lawyer by day and a waitress by night. I would sit in court with a new client and pray they wouldn’t call my case first. I would listen to what the other lawyers had to say and I would get up and repeat what they just said. “Fake it till you make it” I did just that.
I took a class called “hanging out your shingle” through the bar association. It taught me all the ins and outs of getting malpractice insurance, opening a bank account, how to set up the trust account so you don’t get in trouble, how to pay your taxes, if you hire employees how to stay in compliance with the law and how to hire a good accountant etc. This gave me answers to a lot of the basic nuts and bolts to operating a law practice.
Most importantly I found a great mentor. He was willing to take me under his wings and show me the ropes. I gave him as much free time to his cases as my schedule would allow. How could you turn down a free education from the best in the business? I sat second chair on every trial I could with him and boy did it pay off. I was able to be part of several high-profile cases and my business ended up taking off.
Within one year of not only working 9-5 as a lawyer and a waitress at night I was able to become a full-time lawyer. Start off small and work your way up. Get a virtual office, get a free google phone number and have it transferred to your cell phone and get business cards off Vista Print. There are so many inexpensive things you can do that will help you create success along the way.
Looking back, it was the best decision I could have ever made. If you are determined and know the area of law you want to practice in go for your dreams. There are always lawyers willing to help new attorneys find their wings to fly.
This business is stressful enough the way it is and it can be worse if you are doing a job that requires you to give up your life and sanity. Life is to short follow your heart.
If you’re just finishing your law degree, graduating in any legal field or moving onto the next best thing, you may be wondering what the best way to apply for work is, and find the perfect fit for you. So how many positions do you need to apply for to secure the right future for your legal career? Below Christopher G. Hastings, Professor of Law at WMU Cooley Law School in Grand Rapids, Michigan, US, gives Lawyer Monthly his verdict on applying for law jobs.
One.
If you are the chief editor of the Harvard Law Review, and know exactly what you want to do, and you have excellent interpersonal skills, one ought to do it.
For the rest of us, the number is quite a bit higher. Many graduating law students are unsure what type of law they wish to practice; many more need to hone their interview skills. And graduates with strong credentials will find more opportunity than those who just scraped by.
So, what you need to do is evaluate yourself frankly on each of these three axes and make a plan that works for you. When I was interviewing for my first post-law school job, I realized that I was a much better interviewer after I had a number of interviews under my belt. I gained confidence, and started to feel like I could deploy my personality to get a callback for a second interview on a regular basis. The other thing that happened is that I got a chance to understand that different law firms have different personalities.
Now, I am not saying I handled my initial job hunt in an ideal manner, or made an ideal choice when I accepted my first job—I certainly did neither. But through two decades of hiring lawyers, and a third training law students to be lawyers, I’ve come to think of interviewing as a process, not just a means to an end. The more people you talk to, the more polished you will be when you present yourself. You’ll learn what about you interests others, and perhaps a thing or two about the various personalities of the organizations and lawyers who hire young talent. What you want is a job—how you get there is through demonstrating that you are a “fit” with the persons who will be employing you.
And don’t stop applying for jobs just because you have an offer. Instead, ask your prospective employer when they need to have an answer (be sure to express how interested you are in their offer) and redouble your efforts to get a second or third offer. The more you interview, the more you’ll learn about the possibilities your potential employers offer. And it never hurts to compare.
I can’t tell you how many job applications you’ll need to make. The number is somewhere between one and more than you ever will make. But you can come up with your own number if you answer for yourself these questions, candidly:
How good are my interview skills? How many interviews will I have before I am really good at this task?
How good are my law school and other credentials? Can I expect to convert most or all of my applications into interviews based on the strength of my resume?
How much do I know about what I want to do? How many types of employers do I want to compare?
Even with answers to these questions, you’ll still not have a precise number, of course, but you can more accurately size up the task in front of you.
Christopher G. Hastings is a Professor at WMU Cooley Law School in Grand Rapids, Michigan. He had a private law practice from 1987-2006, and has been teaching law since that time.
DLA Piper is one of the biggest law firms worldwide. Here their Head of graduate recruitment gives her best advice on making the cut.
Jayne Harrison, partner and head of employment law at Cleggs Solicitors, has been practicing law for 17 years. As part of our features dedicated to young lawyers and newly law graduates, here she shares her opinion with Lawyer Monthly on whether it is best to be a specialist or generalist.
In most modern-day practices, it is considered unusual to be a generalist or an “all-round” lawyer. The law changes so frequently, that it would be difficult to keep up with every area.
Therefore, in medium to large law firms they will cover a wide range of areas by employing specialist law teams. For this reason, having a specialism when qualifying will enhance your chances of employment. Alternatively, you may want to work for an in-house law team or at a high-street firm, in which case a more general knowledge may be preferred. However, even these solicitors tend to lean towards one preferred area.
With that in mind there are a wide range of legal specialisms with the most common types of law practiced in the UK being:
It is useful to have some knowledge in other areas of law but in my opinion the benefits of specialising far outweigh any negatives. Whether you are studying at university or law school, taking part in your training contract or in the process of qualifying it is worth bearing in mind the following tips:
When gaining experience at university or during your training seat, really think about what area interests you most as this will influence your decision to specialise or not. I personally chose to focus on employment law because I found it the most interesting and relatable area of law. It is a very fast paced area with continual changes in case law and a great mix of contentious and uncontentious work.
Nearly all clients really appreciate and actively seek a lawyer with specialist knowledge and understanding. Many areas have niche fields within them that require an in-depth knowledge of that particular litigation. For example, employment law covers issues such as redundancy, health and safety and worker rights, while family law includes everything from divorce to adoption. An all-round solicitor will most likely not have the level of knowledge required to capably deal with the case so the client will automatically choose a specialist. Also, if you find one specialism particularly interesting then you may miss out on some great cases by generalising.
As an employment lawyer, I regularly encounter other specialist areas of the law. For example, I could have a client that wants to dissolve a partnership but there are disagreements over assets such as property or product designs. In this case, I may have enough general knowledge to competently deal with the case but often I will consult colleagues within my firm who are specialists in commercial, property or intellectual property law.
Knowing which path to choose can be daunting but your knowledge and experience with different types of law will increase with studying, and more importantly, with training experience.
Do your research into which type of firm you would like to work for as that will help dictate your direction. A boutique property law firm will certainly require a property specialist whereas working in-house at a company may require a more general knowledge of the law.
If you do decide to specialise then I would advise gaining as much experience as possible across as many areas as you can. You will be practising in this for the rest of your career so you want to make sure you enjoy it and find it interesting.
Good luck!
As part of our features aimed at law students and newly graduates, those looking for work in the legal sphere, and those simply interested in the colours of the law world, Associate Dean and Professor of Western Michigan University’s Thomas M. Cooley Law School, Nelson Miller answers the question: is the bar exam for me?
Response: The bar exam offers one of the great intellectual and career challenges of our time. Law addresses all social and commercial activity. Lawyers are wonderful economic drivers, helping to maintain order in relationships while also helping individuals, families, corporations, and communities create, preserve, and benefit from wealth. Yet lawyers must generally pass a bar exam to obtain a law license and practice law. So the bar exam is both a necessary and worthwhile challenge for many who are interested in practicing law, especially those in private practice.
Many law or law-related jobs, though, do not require a law license and so do not require that you take and pass the bar exam. Many professionals, such as those in business or leadership roles, who go to law school mid-career never intend to take a bar exam. Unlicensed in-house corporate counsel may provide an employer with certain services while supervising licensed outside counsel. Research staff attorneys for courts, attorneys working for government agencies in compliance matters, and individuals using their law degree in business, nonprofits, and administrative capacities need not take and pass the bar exam.
Whether you are likely to pass the bar exam is an important consideration. The bar exam is far from easy. Pass rates vary widely from state to state, from lows of around fifty percent to highs of around eighty percent. How well you did in law school generally gives a good indication of your probability of passing. But remember that the very best students sometimes fail, and the very worst sometimes pass, largely depending on their preparation.
Whether you have the time and inclination to prepare for the bar exam is another important consideration. Bar exams vary from state to state, but nearly all make the Multistate Bar Examination one exam component. The MBE is 200 multiple-choice questions that the examinee must answer in two three-hour sessions. The questions address about 300 topics across the seven subjects of civil procedure, constitutional law, contract law, criminal law and procedure, evidence, real property law, and tort law. States also add essay and skills components. In short, if you are unable or unwilling to prepare, then you shouldn’t take the bar exam.
Whether you are going to use your law license is another important consideration. Most lawyers love their jobs. Some do not. Some law graduates give law practice a try, don’t care much for it, and quickly move on to other careers. Explore careers while in law school so that you make a good choice. Do internships or clinics until you get a feel for law practice and are reasonably sure that law is for you and that you should take the bar exam.
If you are not sure about taking the bar exam, then consider whether waiting it out while you explore other options makes sense. The longer you wait, the harder you may find it to be to pass because you may be forgetting your law studies. On the other hand, if you dive right in before committing to prepare, then you increase your chances of failing, getting discouraged, and abandoning what could be a great career. If you don’t pass on the first try but still want to practice law, then take the bar exam again. Many, including famously successful professionals, pass on the second or third try.
Once you pass the bar exam and obtain a law license, keeping the license is generally pretty easy whether you practice law or not. In some states, you need only pay annual dues to the state bar that licensed you, while in other states you must complete some continuing legal education. Lots of lawyers take and pass the bar, stop practicing law after a time, but maintain their law licenses so that they can easily return to a law career.
Nelson Miller is the author or co-author of four books on bar-exam preparation including Preparing for the Bar Exam and three volumes of Preparing for the Multistate Bar Examination. He is also the author of Dear J.D.: What to Do with Your Law Degree.
This month we have the wonderful opportunity to hear from Laura Snoke, whose passion for the legal sector is very evident by her story on how she fell into the sector. Laura stated: “I have been blessed by being able to practice law for so long. I still get a thrill when reading a case that concerns a novel issue, or a new interpretation of an old issue, and continue to attempt creative and novel solutions to problems as the law is continually evolving.”
She speaks with us on how she specialised in the legal sector, the tools she developed to be the best she can be, and pinnacle cases she has represented in Court.
What was the main motivation behind choosing a career in the legal sector?
I wish I had some fantastic story about how I always wanted to be a lawyer since I was a little girl, however, my journey to this profession was not nearly so profound, although, when I was born - yelling - my mother’s obstetrician told her that, with those lungs, I would undoubtedly become a lawyer. I happened to represent myself in a trial in which I, along with six other defendants, were tried for disturbing the peace arising from a melee during a demonstration against the Vietnam War, so my introduction to my legal career was largely inadvertent. After graduating from college, I went to graduate school, intending to be a history professor. I soured on graduate school, however, and simply needed a job. I saw an ad in the LA Times for a legal secretary, the only qualifications were to be able to type, which I could do. I applied and obtained the job. When I started working, I had to type letters, pleadings, etc. In addition to asking my boss if I could correct his grammar and syntax, I became fascinated with the legal concepts I was typing. Being blessed with a boss who loved to teach, I started learning about legal concepts, such as equity. I began talking to the attorneys at the firm, most of whom then encouraged me to go to law school, and so I did. I have been fascinated by the law ever since.
What challenges did you face along the way and how did you overcome them?
Practicing law has never been much of a challenge, as I have always loved the law. I suppose the biggest challenge was dealing with the politics of the firms where I worked. I simply persevered. I learned early on that the key to success in the business of practicing law was to control the source of funds – clients – and I devoted myself to providing the best service I was capable of to my clients. I have clients today whom I have represented for over 25 years.
What has been the biggest change you have witnessed in the legal sector that affected homeowners?
I began representing homeowners’ associations in 1985, when the law was in its infancy, and there were very few practitioners involved in representing associations. Since then, a number of laws have been passed, some would say they are indicative of Legislative micro-management. I was personally involved in two published seminal decisions that impacted the law: Miller v. Lakeside Village, a case involving mould exposure to a homeowner asserted to have been caused by water intrusion and alleged personal injuries as a result. I was able to obtain summary judgment based upon the statute of limitations, in which the court found that the doctors’ advice to the plaintiff that ‘nothing was wrong with her’, was not sufficient to delay the discovery of her injuries so as to avoid the bar of the statute of limitations; and Nahrstedt v. Lakeside Village, the leading case in California which held that provisions in the CC&Rs are presumed to be reasonable and enforceable. Since the Nahrstedt case involved a restriction prohibiting cats, which the Court of Appeal found unenforceable but the California Supreme Court upheld, I received hate mail from cat lovers. (By the way, I love animals and am the proud owner of two beautiful and wonderful cats!)
What is the biggest difficulty of setting up your own firm? What challenges did you face along the way that you were not expecting?
I miss the camaraderie of a law firm, and the ability to bounce ideas off others. I first opened my office in an executive suit, thinking there would be networking and other opportunities. Unfortunately, most of the attorneys do not socialise. I still talk with my former partners about legal issues from time to time.
Nevertheless, in what ways would you recommend setting up your own firm?
I do not miss the politics which are ever present in a law firm, and I like being in control of my own destiny.
You have represented associations with general corporate issues – which issues are the most challenging to resolve and why?
The most difficult issues involving homeowners’ associations generally occur in smaller associations, who don’t have the funds to hire topnotch management and other professionals. Invariably, disputes arise over whether repairs should be made, and disparate interests in small associations can wreak havoc on associations’ obligations to maintain and repair the property, so as to keep it in a first-class condition – generally the mandate to the association found in the CC&Rs.
What are common misconceptions your clients have about their issues?
Nearly every client thinks his or her case is a slam-dunk winner, and most clients refuse to believe otherwise.
Persuasion is an important tool when called to cases – in what ways have you developed this skill?
I have been a litigator since I began practicing law. I do believe that litigation is an essential skill to being a rounded attorney. I have the utmost respect for transactional lawyers who never set foot in a courtroom, but I do believe that their experience leaves a bit of a vacuum. I tend to see every situation as it will ultimately play out in court, which helps in crafting strategy. After having litigated for over 35 years, I know that, other than rare instances, litigation does not benefit the parties. I have been a mediator for over 25 years, am a big believer in mediation, and find that most people are far better served if their disputes are resolved without the expense and stress of litigation. Of course, some cases need to be tried, but they are rare.
Laura graduated from Loyola Law School in 1981. From 1981 to 1985, she was an associate with Meyers, Bianchi & McConnell in Los Angeles. She joined Wilner, Klein & Siegel in 1985, became a partner in 1988, and worked there until she opened her own firm in 2005. She has an “AV” rating from Martindale-Hubbell, a national organisation which rates both the qualifications and integrity of attorneys based upon peer and judge reviews.
She specialises in representation of community associations, although she also represents individual homeowners and has a general civil practice focusing on real property, construction and business litigation and transactions. She represents general and specialty contractors, professionals, small businesses and individuals both in litigation, transactional matters and in providing general counsel services.
The Law Offices of Laura J. Snoke assists clients in community association law, construction defects, real property, business transactions and disputes, and professional malpractice defense matters. With offices in Century City, we are well-positioned to assist community associations, businesses, and individuals throughout Los Angeles, Orange, and Ventura Counties
Laura J. Snoke, Esq.
Law Offices of Laura J. Snoke
1801 Century Park East, Suite 2400
Los Angeles, California 90067
Tel: (310) 556-9658
Fax: (310) 556-9659
So you probably just graduated, have little experience on your back, and are not quite sure what’s going to happen when you finally nail your first job. Don’t worry though, Victoria Tester, HR Director at Shakespeare Martineau tells Lawyer Monthly all you need to be confident and ready for the walk through the door.
For many ‘Newly Qualified’ (NQ) solicitors, the first day as an official officer of the Court will be a milestone moment. Countless late nights in the university library and years spent researching and drafting documents as a trainee have finally accumulated to the point many strive for – that first job as a qualified legal professional.
As with any new job though, the first few weeks can be a whirlwind of getting to grips with new processes, new clients and new teams. It can be exciting and daunting all at once. However, by understanding what to expect in those crucial first weeks and what your team will be expecting – NQ lawyers can be confident that they will thrive in their new role.
Expect to prepare
It may seem obvious but preparation really is key when beginning a new job. Pick up the phone or drop the line manager an email asking if there is any reading that can be done ahead of the start date. Not only will this show initiative and open a communication up with who you will be working with, but you’ll feel more confident knowing more about your subject area and what’s going on in relevant sectors and markets, ahead of starting.
In the rare case that the line manager doesn’t respond, NQ solicitors should be sure to utilise online resources available to them to familiarise themselves in their area of law. Read the news too – being up-to-date on what is impacting relevant industries, as well as general current affairs, can be a useful conversation starter when waiting for the kettle to boil.
Be ready to get involved
Every law firm is different but typically, NQs will be exposed to diverse and varied experiences. Whether it is going to court, sitting in boardrooms with directors or drafting briefs, NQs should take every opportunity to soak up as much knowledge and experience as they can. Whilst NQs will be keen to showcase how knowledgeable and capable they are at completing assignments, it is essential they utilise the support of their team. Asking questions shows engagement and an eagerness to learn and develop.
Remember it’s just the start
The transition from trainee to NQ solicitor can feel like a big step and it will present new obstacles and bigger responsibilities. When you pick up the phone to clients or initially meet them and you no longer introduce yourself as a trainee solicitor, they may not know that you’re new into your role - so don’t be afraid to tell them!
Don’t expect to know everything – this is the start of a long and prosperous career and you’ll continue learning all the way along. Trainees are expected to have a robust understanding of the technical aspects of law, which they will have gained from their studies. However, being a great lawyer means being a trusted advisor to the client, not just knowing the technical law. Learn as much as you can from watching and working with the lawyers in your team who do this well.
Expect to plan your career development
Line managers and teams want new employees who show an eagerness to get involved and a passion for the subject. A ‘can do’ attitude will take you far. An NQ’s line manager will take an active role in developing a new recruit’s career and NQs should think about and talk to their line managers about what skills they should develop over their first year and agree a development plan, don’t just focus on technical skills, think about business skills too – presentation, business development, negotiation and team working skills - project management is an invaluable one too.
Expect to be a valued asset
NQ solicitors can sometimes see themselves at the bottom of the pecking order but they’re not! These new recruits are a breath of fresh air – they are vibrant and full of ideas that question the current ways of thinking. They can bring new skillsets to a law firm. For example, from experience in roles in other industries or perhaps having a n understanding of artificial intelligence, which is now a prominent teaching point at university and how new digital resources can improve efficiency and effective working. This fresh way of thinking is a strength and law firms should truly value their NQ solicitors.
Whilst it is normal for NQ solicitors to feel the nerves kicking in before starting a new job, with a little preparation and a lot of enthusiasm, they can be sure that they will shine in their new role.
Following on with our features on Law School & Careers, Lawyer Monthly has heard from Joshua E Stern, Esq., Founder and Managing Partner of the US based Law Offices of Joshua E. Stern, who has 7 top tips for lawyers who have just graduated, started in their first position, opened their own law firm or just all round ready for their future legal career.
I went solo in late 2012, two years out of law school. Despite months of reading and planning, I was terrified. What if I went broke? Would anyone want to hire a failed solo? Would I continue to grow as an attorney without someone to mentor me? How would I stand out and attract clients? What I knew for sure was that I wanted to practice law on my own terms. I told myself early on that I would run my firm on my instincts and fully commit to my vision. If I failed on my terms, I would be able to sleep easily. I’ve learned a lot along the way. If you’re thinking of going solo, I applaud you. It will change your life. I have some thoughts I’d like to pass along and hope they help shape your planning.
What are you going to do?
What practice area do you want to pursue? Remember, you’re going to be practicing law nearly every day for the rest of your working life. To be successful, you will have to give everything you have to your practice. This means sacrificing time with friends and family to work late. It means peeking at your email while on vacation. It means wholly committing yourself. If you hate what you do, you’ll never be as invested as your competitors and will never achieve your potential.
Where are your clients?
Once you’ve decided what area you want to pursue, you have to decide where your clients reside. You are not a brand name and clients won’t go too far out of their way to see you. As such, you need to be convenient. Your office location should serve your clients’ needs, not your own. For example, if you’re going to practice family law, you may want to have an office in an area with high home ownership rates and plenty of married families with school-aged children. If you are going to practice plaintiff-side employment law, you want to be accessible to workers. I’d suggest exploring an office in a dense urban environment and one in a middle-class or working class neighborhood. If you practice criminal law, you may want to explore having multiple office locations, including one by the courthouse. What’s important is that clients can find you and see you easily.
Where can you stand out?
You’re a small fish, and a young one at that. People hire lawyers based on their hair color: the greyer, the better. If you set up shop surrounded by larger firms and more experienced practitioners, what will draw clients to you? While you can still survive in this environment, it will place a tremendous burden on your marketing budget. It’s smarter to look for underserved markets. Go through attorney directories and find all attorneys in your desired practice area. Where are they located? Where are there gaps? Likewise, how strong are your competitors’ grips on the market? Are they large firms or small solos? How visible are their marketing efforts? Do they have a strong web presence? It can be worthwhile to take on weak competitors out of the gate, but you’ll be in no shape to compete against industry giants on day one
Where can you get space?
I’d strongly recommend renting office space, if at all economically feasible. Clients can tell when you’re just renting a conference room. Likewise, you will want to have a space away from your home where you can focus on work. As your days become increasingly busier and you string together multiple client meetings, you’ll need a place to stay in-between. You can look into shared office suites. I’d also suggest calling solos and small firms and seeing if they have any room to rent out. When I was looking for office space, I made a list of every law firm in my target market and called each one looking for a spare room. It eventually paid off.
What makes you different?
You’re young, you’re inexperienced, and you have no support staff, partners, or associates. Why should anyone hire you over a more experienced competitor. You need to think about how to differentiate yourself from your competitors. Do you bill differently? Are you more responsive? Cheaper? Can you show your expertise and convince clients that your lack of experience doesn’t equate to a lack of knowledge? It’s important that you establish a clear brand identity and it cannot include the same adjectives and verbiage that your competitors use to market themselves.
What do you need to start?
You’re probably launching on a shoe-string budget. Look for used or cheap furniture. Ikea is always a viable option. Use whatever computer got you through law school. Spend as little money on your first website as possible and spend as much time on generating content as you can tolerate. Design your own business cards and letterhead or hire a freelancer to do a quick sketch. Expect to be cash flow negative for 3-6 months. You’ll want to keep your overhead low to get you up and running. You’ll absolutely want to have cash savings to draw on until you can pay yourself. Be patient and stay hungry. Don’t take money out of the business too soon and deprive your practice of funds needed for operations or growth.
What are you going to do to grow?
You’ve got to hustle. Join local chambers of commerce and network. Go to CLEs and bring business cards. Write articles and guest blog posts for anyone who will publish them. Answer questions on Avvo. Add articles and content to your website on a regular basis. Speak anywhere you can. Stay visible, active, and hungry. The more you market, the more you’ll figure out what resonates with your clients. Your marketing plan should be fluid and constantly evolving. Keep analyzing and refining it, looking for the greatest return on investment.
Joshua Stern is a family law attorney and owner of the Law Offices of Joshua E. Stern. For more information about these and other divorce-related issues, visit www.JESFamilyLaw.com, or follow him on Twitter and Facebook.
