Wednesday, July 27, 2011

Professional Development Tip of the Week: Client Service & Diligence

This quarter, our series is discussing the intangible traits and qualities that firms and organizations are looking for when they make hiring decisions.  Often, these qualities are not taught in law school, but you can practice and develop them.  With each trait, we’ll also consider some concrete things you can do during your summer to strength these qualities.  Last week, we talked about generosity, flexibility and enterprise.  This week, we’re focusing on client service and diligence.

Diligence

For those of you who have not yet taken Professional Responsibility (spoiler alert!), RPC 1.3 states: “A lawyer shall act with reasonable diligence and promptness in representing a client.”  The first comment is a little more helpful: “A lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the lawyer, and take whatever lawful and ethical measures are required to vindicate a client's cause or endeavor.”  Personally, I think every trial attorney (or at least every public defender I know) loves this clause.  It’s the stuff movie-dreams are made of – the noble, hard-working attorney, running for the courthouse, dodging ill-mannered opposing counsel, jumping over obstacles, all in the name of serving your poor, downtrodden, underdog client…

Another definition of “diligence” comes from Miriam Webster: “the attention and care legally expected or required of a person.”  This is the “cross your t’s and dot your i’s” kind of diligence.  These are not two different definitions.  Your clients will expect you to represent them as fully and ethically as you can, and that includes producing quality work product and taking the time to thoroughly research the issues involved.  The most successful new attorneys understand the importance of diligence.  Whether they are writing a trial brief or an internal memo for their supervising attorney, effective new lawyers turn in complete work, not drafts.  Proofreading and proper grammar are critical – not a matter of “style.” 

What can you do to improve your diligence? 
-          Proofread!  One of the most frequent complaints we get from employers is about spelling and grammar errors.  Spell-check is not enough.
-          Ask for feedback.  Check in with your supervising attorney about ways to improve your research, writing, oral advocacy and client communication skills.

Client Service

Last summer, the public defender office where I worked had an amazing intern.  At the last minute, at 9 am a judge asked me to research and an argue and issue for a client who was assigned that morning to my office at a 1 pm hear that same day.  Given that I was in court all day, I asked our intern to do the research and write a short memo with possible arguments I could make in court and what I should watch out for from opposing counsel.  Her work was phenomenal – I had a list of points, including sites, and the full opinions beneath so I could read them over lunch before the 1 pm hearing.  But what made her work so incredible was that she wrote her memo as if she was the attorney for this client.  Why?  Because my client was her client.  She was not just “helping out” on my argument; she understood that she was a critical part of this client’s legal team. 

This summer, if an attorney gives you a project, it’s not because they like to see you look busy.  More often, your task is a critical part of a client’s representation.  No task is beneath anyone.  There is no magic band of elves that come in at night and do all the little tasks that a busy lawyer would rather not do.  All of it is important because all of it serves your clients. 

Tips to improve your client service:
-          Say yes.  Whenever possible, if an attorney asks you to help them, say yes. 
-          Find a way to remind yourself who your client is, even if you’ve never met them. 

Next week: Time Management & Punctuality

Wednesday, July 20, 2011

Professional Development Tip of the Week: Generosity, Flexibility & Enterprise

This quarter, we’re discussing the intangible traits and qualities that firms and organizations are looking for when they hire new attorneys.  We’re also looking at tips for how to practice and improve those traits during your summer experiences.  Last week, we talked about humility and manners.  This week, we’re talking about generosity, flexibility and enterprise. 

Generosity

There are many definitions for generosity.  Wordnetweb.princeton.edu defines it as “the trait of being willing to give your money or time.”  Wikipedia defines it as “the habit of giving freely without coercion.”  In the professional arena, however, we’re usually not talking about money.  We’re talking about credit. 

The legal profession is full of big egos.  Refusing to share credit – or worse, refusing to ask for help because you might have to share credit – is a common rookie mistake.  As Kimberly K. Egan wrote in her article, Essential Skills for Lawyers that Aren’t Taught in Law School, “The lawyer who works hard to be the person who gives someone else credit will not only succeed professionally but will help create a culture of collegiality and respect, which will, in turn, help other lawyers and employees succeed professionally.” 

How can you practice being generous?  Start by actively looking for ways to acknowledge the work of your peers.  Did you borrow some of Joe’s research to write your memo?  Thank him and let your supervisor know that Joe did such a great job, you started from his foundation. Was Cindy’s opening statement inspiring and compelling?  Tell your coworkers what you loved about it!   Did Sam, the office assistant, help you with a particularly difficult client?  Send a thank you email and cc your supervisor! 

Flexibility

The practice of law is often unpredictable.  Things do not always proceed according to plan, and one’s schedule is often at the mercy of clients, judges, coworkers, weather and other external events.  When something unexpected comes up, be flexible.  Saying yes, whenever possible, to opportunities that arise demonstrates your commitment to your clients, your organization or firm, and your professional reputation.  

Does that mean you’ll never have an evening or weekend for yourself again?  No.  If you’re going to your sister’s wedding, or an out-of-town friend is in town, or you’re simply having dinner with your “plus one” on date night – it can be ok to say no.  But if your plans were 3 hours of primetime TV or the weekly (or nightly) xBox-fest with your roommates, reconsider what would be best for your professional reputation.  In other words, you can say no as long as you say yes more often. 

Enterprise

One of the things I like most about being a lawyer is that I’m constantly learning new off-beat and esoteric things.  Nearly every case required learning about something new – from gun regulations to property lines, animal kennels to nonprofit formations, Skype to case management systems.  It is a mistake for a new lawyer to say that they cannot do something because they do not know how to use a certain computer program or aren’t familiar with the subject area.  Learning new things is part of the job – and the esoteric knowledge you will acquire over your professional lifetime is one of the best parts of being an attorney.  

How to become more enterprising?  This tip is a lot like the last one – say yes.  A lot.  Be willing to try something new, knowing that you can always ask for help from your supervising attorney or your in-office mentor.  Remember: the best way to fail is to refuse to try. 

Next week: Client Service

Wednesday, July 13, 2011

Professional Development Tip of the Week: Humility & Manners

This quarter, we’re discussing the intangible qualities and traits that organizations are looking for and some ideas for how to develop those traits during your summer experiences.  This week, we will look at the importance of humility and manners.

After significant research, I think it’s fair to say that no one knows how to define humility.  It may be the most intangible of the intangibles.  The Oxford English Dictionary defines humility, or the state of being humble, by what it is not – it is not haughty and not arrogant.  Merriam-Webster agrees, but eventually defines humility in its subsequent definition as “reflecting, expressing, or offered in a spirit of deference or submission.” 

My favorite definition, however, comes from a friend and fellow lawyer: “Humility is knowing that you are only as good a lawyer as your secretary, receptionist and paralegal allow you to be.”  Every person in the workplace deserves respect – from the mail room staff to the office mangers, receptionists to administrative assistants – and each of them is a critical component to every lawyer’s success. 

This is similar to manners.  There is no excuse for rudeness, no matter the situation.  The legal community is small – no matter where you practice or what your practice area.  Opposing counsel today could be your coworker (or supervisor) tomorrow.  The way you treat people today, tomorrow and the day after will determine whether you become the kind of person who treats people badly. 

When I arrived to interview for the clerkship position, Judge Wynne was in a meeting with an attorney.  While I waited, I chatted with his court clerk and court reporter, trying to calm my own nerves.  He soon finished his meeting and we started our interview.  It was mediocre, at best.  We found a few things to talk about, but I left feeling like we didn’t really connect.  He called me, however, about an hour after the interview to offer me the job.  Why?  Because his court clerk and court reporter really liked me, they saw my potential through my nerves, and they knew I would be a good fit for his chambers. 

I soon discovered that if there was a judge or an attorney I wanted to meet – especially one with a busy schedule – having a good relationship with his or her staff was critical to making that connection.  During fall quarter, we discussed tips about networking.  One tip was to make a list of people you would love to meet – mine includes Nathan Myhrvold, Nils Christie, Dambisa Moyo and Mark Umbreit, among others.  If you want to get 15 minutes on someone’s calendar, one of the most effective methods is to get to know their receptionist or administrative assistant.  Respect and appreciate the gatekeepers, and doors will open. 

But what happens if you ignore this advice?  Several years ago, while I was working for the public defenders, we had a summer intern who was bright and articulate.  She was a great legal researcher and fought tirelessly for our clients.  But she was rude – to opposing counsel, to the court (a huge red flag), to the support staff in our office.  There is a difference between zealously advocating for your client and personally or professionally attacking the court and opposing counsel for disagreeing with you, and the firm wasn’t willing to gamble our clients’ interests on her inability to be professional.  She was not offered a post-graduation position.  Similarly, I worked opposite a prosecutor known for being ruthless, arrogant, and for always winning at trial.  Because of the complaints from opposing counsel and from the bench, he was laid off during the down turn in the economy, despite never having lost a trial. 

In short, taking the high road will always benefit you professionally.  Treat others with respect, and remember that no one can (or does) do this on their own.  

Next week: Generosity

Wednesday, July 6, 2011

Professional Development Tip of the Week: Appearance & Personal Reputation

This quarter, we’re focusing on how to make the most of your summer experiences.  Your summer experience is a great opportunity to develop some of the intangible qualities or attributes that will help you be a successful lawyer.  Last week, we talked about building your knowledge of current events.  This week, we’re talking about your appearance and your personal reputation. 

Let’s start with appearance.  In the ever-casual Pacific Northwest, many firms and organizations have a different dress code for office hours than for client meetings and court appearances.  How will you know what’s appropriate?  Follow the leaders.  The most successful new attorneys take their cues from their organization’s or firm’s leadership.  If the partners or supervising attorneys always wear suits, then they will too. 

But what about your personal self-expression?  Following the formality of your office doesn’t necessarily mean giving up your personal sense of style.  The question is whether what you’re wearing helps you serve your clients and represent your firm to the public.  If it conveys that you are comfortable, confident, and understand the serious nature of whatever issue your clients are dealing with, then you’ve picked the right outfit.  Be sensitive to your clients and your supervisors – at the end of the summer, you want them to remember the organized, articulate, intelligent person you are, not the skinny tie, low-cut shirt, or odd hair cut.

Being mindful of what you wear is one part of building your personal reputation.  You’ve probably heard that one’s reputation is earned in drops and lost in buckets.  You may be the most skilled legal researcher or the best persuasive writer, but if you have a reputation for sloppiness, tardiness, laziness, rudeness, arrogance, dishonesty, unfairness or cattiness, you will struggle professionally. 

What can you do to develop your personal reputation?  Many things!  Of the most important, pick someone at your organization or firm to be your mentor.  Some organizations have formal mentor programs, but often the best mentors are the ones you “click” with.  Try to pick someone who is already well-respected within the office or larger legal community, but don’t agonize over getting the “best” person.  Invite possible mentors to lunch, ask about their favorite cases or projects, inquire about how you could improve your skills, and let a relationship develop.  Be bold in your invitations – attorneys love to talk to students about being a lawyer, and will nearly always accept unless they are working against an imminent deadline. 

Over the next weeks, we’ll talk about other tips for getting the most out of your summer experience.  All of these will help you build your personal reputation, from humility to time management, diligence to client service, flexibility to collegiality. 

Next week: Humility and Manners