Some More Tips For Summer (and Maybe Junior Associates): Work Assignments
posted by Deven Desai
The last post looked at the social side of summer associate positions. As that post and the comments note, the social side is part of the work environment and interview process. But the social does not address specifics about work. So what to do when an assignment is received?
Law firms, like some parts of law school, can forget that the summer associate knows little about the work being assigned. So what do you do when a real live case matter comes your way? Again work like crazy to master it. This environment may drop you into the deep end. If the critical thinking and writing aspects of law school reached you at all, they will help you get through an experience similar to the first year of law school. You have some skills, some knowledge, a good brain, and not as much guidance as you may desire. Welcome to the working world. Problem solving is what will lead to success. Still there are some fundamental tips that can enhance your ability to perform well.
First, if called on the phone or to an office, have paper and pen ready. Pay attention and take notes at all times. There should be nothing wrong in asking for a moment to grab a pen and paper at your desk so you can take notes.
Second, figure out the theory of the case. Be sure to LISTEN to the person giving you the assignment. Like the call of the question on an exam, this person is trying to focus you on your task. He or she may be bad at articulating what is desired but that is where you come in. In other words, make sure you know whether you are trying to sue or defend in the action and what the strategy is. If the case is underway, make sure you know what has been done already (read the materials or ask whether there are some documents that can get you up to speed on the case). Find out what the claims are and how they are being pushed forward or defended against? If need be, ask one or two questions about the case and what you are doing on it. Make sure to find out the deadlines on your work.
Third, this work is not like law school where the learning curve may be appreciated. One commenter suggested that there is no such thing as a first or rough draft. Although that may overstate the idea a little, it is probably best to take something close to that view. Partners and others tend to get upset when work is not perfect as they define the term. So what to do? Ask for samples of similar work. Reinventing the wheel is silly. Use sample memos, motion, etc. related to the topic on which you are working. NOW DO NOT COPY THE WHEEL. As you should know from law school, the facts drive the case. The facts of your case will require that you alter the arguments and cases used to analyze your point and/or persuade the reader that your view is correct. By obtaining samples of work product you can see how the office tends to like material and then shape your work to fit that mold.
Fourth, remember that these are busy people. Legalese, random cool theory that may make for great law review articles or law school hallway debates are not often welcomed at work. Sure you can and should think about the creative side of the law. But the partner or associate knows more than you about the immediate needs and goals of the case. If the task is not at the appellate level, the current law is the place to argue more often than not. That is why the first tip is so important. You want to deliver what the assigning attorney asked for even though he or she may be quite bad at telling you what they want.
Fifth, beware the senior associate. He or she has not likely been trained at managing and mentoring younger attorneys, is overworked, and may be less aware of the nature of how to make sure an assignment yields good results. Using the tips above and talking to whomever manages the summer program can help resolve the problem. DO NOT COMPLAIN. Rather, be constructive. You want to express your desire to do well but communicate that you are unsure of what the assignment entails or requires. This can be dangerous as the personalities may not appreciate seeing that they are not so good at saying what they want. So do not, I repeat do not run for help just because you are a little confused. That is normal given the learning you must do. Work hard on the task and go back the assigning attorney with good questions such as I have researched X, found out Y, and think Z is the way to proceed. Still I wanted to make sure I am headed in the right direction and that this material is what you wanted.
Sixth, offer your best efforts and seek out the best assignments. Even if the work seems low-end in that it is not challenging excel at it. So in a discovery task, make sure you know what the case is about so you can identify the pertinent information. AS you show that you are more than competent, senior attorneys will trust you and assign more complex tasks. You may be able to ask for more work but make sure you are not taking on too much. If your tasks become such that you are working from 8 until midnight to complete them, do it. While under the gun, you can seek some help from whomever is managing the summer associates, but once the work is yours, the expectation is that you will do it. In seeking out assignments in areas you like but know little about, you may find that you have to admit that you know some but not that much about the area. That is honest. Still it does not excuse you from reading up on your own time to learn the area. NOW some firms will want to know that you did some homework and want you to bill it all. They will sort out what to bill the client. Others may see outside reading as necessary but not proper to bill even at the internal level. Again you will have to find out what your firm does.
Seventh, engage in continual development of you as a professional. If you like an area and have time in the evening or have a calm, solo lunch ahead or even just fifteen minutes before sleep, read, read, read. That is what a professional should do. In fact, ask a partner for suggestions about books in her area of expertise. In all areas from courtroom tactics to antitrust to intellectual property to arbitration to mergers, there should be books that someone in practice finds useful. By saying that you know a little about the area but realize that there is more to learn and so are asking for guidance about how to improve who you are, you will likely connect with a possible mentor. In general this approach will begin your life as a true professional—someone who simply develops her expertise at every possible moment.
So there it is for now. I am sure I may have missed a topic and there are questions to be answered. If so, I apoligize but welcome questions and views to round out this topic.
In general good luck with the summer and your career endeavors.
June 17, 2008 at 10:18 am
Posted in: Law Practice
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Responses (4)
John C - June 17, 2008 at 10:40 am
To add (and to reiterate) the cardinal rule for summer associates (and junior associates, too): if you are having trouble finishing the assignment in the alloted time, TELL YOUR SUPERVISOR. Failing to get an assignment done without informing someone that you might not be able to finish it is perhaps the worst thing a summer can do (far worse than “getting the wrong answer” or otherwise not understanding your assignment).
I unfortunately encountered this situation with a summer last week, and it involved me spending alomst 8 hours over the weekend getting her work done for her. I was not happy - not because she fell behind and couldn’t finish the work, but because she waited until the bitter end to tell us and then the work had to get done immediately.
Firms tell summer associates this rule all the time, and some of them still don’t seem to learn it. It never ceases to amaze.
A.J. Sutter - June 17, 2008 at 10:42 pm
I’d augment or modify the advice on a few points. For one thing, Deven’s POV is somewhat litigation-oriented. So it’s worth remembering that while you’re at the law firm
A. Learn about transactional practice.
Very few law schools give you this opportunity. You may find it’s more to your temperament than litigation. I did. Next tip:
B. Learn how to observe people.
For example, some senior associates may be poisonous, others (especially older ones who may have had a career before becoming a lawyer) may be more empathetic and mentoring. Partners don’t have a monopoly on wisdom, and very few have people skills; even if they have those skills, they may save them for clients, not for their dealings with you.
In particular, anyone, at any level, who doesn’t “appreciate the learning curve” is a JERK, and should be avoided. That person is also a bad manager. I never gave a summer associate a mission-critical piece of work that required legal drafting or analysis (as distinguished from, say, helping me to assemble documents for a closing, which is also mission-critical). If he or she could understand the basics of a couple of simple agreements like, say, a nondisclosure agreement, real estate lease, sales rep agreement, or software license by the end of the summer, I counted it as a great step forward.
A small proviso to this:
(B1) The world is smaller than you think — don’t burn bridges.
The #1 jerk senior associate I dealt with during my summer in NYC (at a firm to which I didn’t go after graduation) wound up in the office next to mine at a different firm in Los Angeles 4 years later; we became friends.
Next, apropos of Deven’s advice about outside reading, generally I agree, but I’m strongly to the contrary about “even just fifteen minutes before sleep” and to some extent about evenings. My point is:
C. Maintain your outside interests.
It’s been 25 years since I graduated from law school, and I still find law interesting. One reason is that I didn’t burn out on it.
Not everyone is the same, but for what it’s worth these have been my personal policies since Day One in law practice:
(C1) DO NOT to read anything about law after 9:00 PM, unless actually working on a billable matter.
(C2) DO read something recreational, even if only for a few minutes, before going to sleep, no matter how late you get into bed (assuming your partner, if any, doesn’t have an even better idea).
As I may have mentioned in a now-ancient comment elsewhere on this blog, my preference is for books, not ephemera like newspapers or magazines, since finishing the book is a kind of accomplishment. As a 3d or 4th year associate I started keeping lists of books I’d finished each year, a practice I continue today. Even on the nights I came home at 04:00 AM, I made sure to read at least one paragraph of something fun and unrelated to law. That kept me sane and, ironically, also opened up a number of professional opportunities for me.
Finally, as for something big and overarching, certainly John C’s tip is a good one to put near the top of the list. I have another, though, that I think is even more fundamental:
#0/#α/#Ω. IF YOU DON’T UNDERSTAND, ASK.
One of the most important things in any job or intellectual activity is to know (i.e., be aware of) what you don’t know. Law students and other overachievers have a kind of allergy to admitting that they don’t know something. If you want to look really stupid later, then pretend now that you know something you don’t. To this day, if I don’t understand the basic logic of a deal, I am not afraid to look stupid and ask. In the worst case, you’ll learn something. In the best case, that “dumb question” will help discover some real flaws in logic that even senior people had glossed over, because of their own foolish mix of pride and sloth. And the best case happens more often than you think.
anon - June 18, 2008 at 2:24 am
I am constantly amazed that summers don’t understand how to use email. (1) Have a subject line; better, put the project name in the subject line, and say what the email is about (Project Spark - NDA Agreement); (2) respond immediately to any email, even if just with a “OK, will do” to indicate that you have received the email and are aware that you need to do something; (3) short and sweet emails are fine, but don’t use slang unless you are friends with the senior; (4) re-read your emails before you send them and yes, you can and should ask for advice about how to write an email if it is going out to a client.
Email is your “face” with respect to many partners and seniors, who hardly remember what you look like and could care less. You wouldn’t go to work with messy hair, a skanky outfit, your shirt out, or mismatched shoes, would you? Then make sure your emails are well put together, look good, are pleasing to the reader, and convey exactly what you want to convey.
dmitrik4 - June 18, 2008 at 8:51 am
Following up on anon’s point @2:24, law is fundamentally about effectively communicating your ideas. Most of that communication is done in writing; therefore, take every opportunity to improve your writing skills. And yes, this includes email and anonymous posts on internet blogs. Any time you put pen to paper (or fingers to keyboard), make sure you’re putting out your best possible product. Every law student believes he is a good writer; however, no student–no lawyer, really–is ever really “good enough.” And the people for whom you’ll work are likely much better than you…don’t take the flood of red ink personally. It is a rare lawyer who can resist making any changes to a document that crosses his desk.
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