In addition to fine-tuning her networking skills, however, I think she genuinely had a fun time.  This is an important point.  When business or client development is associated with fun, pleasant, productive experiences, our associates have been remarkably quick to volunteer.  I have heard from other attorneys (at other firms, of course) that they found the concept of rain-making intimidating and consequently avoided any such tasks.  I like to avoid that term altogether, putting less pressure on obtaining new clients and instead placing emphasis on developing and maintaining current business relationships.  Not all client development tasks are as fun as attending such a conference, but it makes for an appealing introduction to the concept. The associate has thanked me and our managing attorney numerous times for inviting her to this conference, and I will not be surprised when she volunteers to get involved in other client development tasks.  That alone may have made the conference worthwhile.

I am grateful for the newer associates currently at our firm.  They all show great potential and are all pleasant to work with. The natural question is how to keep them happy and loyal so the firm benefits from that potential. In tough economic times (when we are unable to throw wads of money at any given issue), we turn to the most basic theory – providing associates with the tools to do their job effectively is the best way to instill confidence and loyalty to the firm. We are going to re-run five blog entries from 2007 that strive toward these complimentary goals.

One of my favorite activities for new associates is taking them to a professional conference, because it satisfies several goals at once.  Last week, I took a first-year associate to DRI’s Young Lawyers Seminar in San Diego.  (You can find more information on this great organization at www.dri.org.)  One key was that the topic of the seminar, trial advocacy, is applicable to our practice.  A bonus was that this conference was geared toward lawyers with ten or fewer years of practice.  However, most conferences, as long as the substance is applicable to your practice, will be helpful to the associate’s professional growth.  Even if some of the topics or tactics are somewhat advanced, you, as the more senior attorney, can offer guidance, tips, and explanations, which will only help develop your rapport with the associate.  I find it is effective to offer most of the training to new associates’ in-house.  However, attending a focused seminar in which you and the associate can discuss the material supplements that in-house training to reinforce lessons you have already provided, expand upon those lessons, or provide an opportunity to explain why you do not find a particular strategy effective.  I think my presence encouraged the first-year to participate more fully, and she was able to ask me questions about the seminar topics as they arose.  Associates sent to conferences alone are simply less likely to remember all of their questions, or they may feel reluctant to bother a more experienced attorney once they are back in the office setting.  Not only did she gain knowledge that she can apply to cases she is currently handling, she seemed to leave the conference with a renewed confidence in her role as an attorney.  In my opinion, the firm, our clients, and the first-year associates have all benefited.  In my next entry, I’ll discuss the networking aspect of the conference.

Just kidding.  There was no such class in my law school, and I would bet there was not one in your law school either.  Where and how, then, do we learn how to manage our new attorneys?  It seems to me there are two common ways: (1) from the managing attorney in our firm, or (2) trial and error, aka learning on your own.  The first is not so bad, assuming you are learning from someone skilled at supervising, but it is somewhat limited in that regard.  The second is far less than ideal.  But it doesn’t have to be this way.  There are other resources – just look around.  You are surrounded by other attorneys, many of whom work in similar law practices.  My resource in the “arm’s reach” category is another supervising attorney within my firm I’ll call Mr. A.  He was not assigned the task of teaching me how to train, supervise, and manage new attorneys, but I respect this attorney, and he has been kind enough to share his experiences and ideas.  When I ask things like, “Have you ever tried giving year end gifts instead of bonuses to new associates?” his warning can prevent me from making the same mistake he once did.  My resource in the “least expected” category is an opposing counsel I’ll call Mr. B.  It was a rather contentious case, but by the end, I noticed the care Mr. B took with his newer associates, and he has become one of my go-to people when I have questions like, “Where do you find good associates around here?”  “What is the going rate for new associates?” or “What has been your experience hiring new graduates versus laterals?”  If you have gained enough experience in your practice to be asked to supervise other attorneys in your firm, there is a likelihood that some of your old classmates may also be in such a position: resources in the “we’re in the same boat” category, if you will.  When I have questions like, “Is it fair for me to compare the learning curve of two very different attorneys in their first six months?” it doesn’t feel like such a chore picking up the phone or emailing an old friend, and I can trust that I’ll get an honest answer.  I’m willing to bet you have similar resources, too.

I recently came across an article on marketing for young lawyers, published in The Whisper by DRI’s Young Lawyers section.

http://www.imakenews.com/younglaw/e_article001041254.cfm?x=bckkrH5,b8mfC5J2

I quickly forwarded the link to our firm’s associates to read at their leisure.  Passing along this article certainly took less time than a discussion on the topic with each associate, but there are other reasons for doing so.  The associates have already heard my thoughts on marketing, and this article will reinforce the importance of this aspect of the business.  Perhaps this author can offer a different perspective and reach those associates I have not.  Sharing resources with our associates also encourages them to take initiative in their own growth.  Ideally, our associates will seek outside enrichment to supplement the training from their supervisors; providing credible sources can only facilitate that search.  They learned as law students which sources are reliable on which to research issues of law, but as new attorneys they have much to learn on the broader practice of law as a business.  This marketing article above is a great example.  So, don’t feel guilty for forwarding an article on the attorney-secretary relationship or on time management, consider it one step in creating a more comprehensive training program.

When I first began practicing, a mid level attorney told me “ninety percent of practicing law is showing up in the right place at the right time.”  While that percentage might be a bit high, I understood his point.  From that moment, I made a point of stopping by his office, as well as those of several other mid level supervisors at the firm, at least once a day and simply asking them if I could help with anything.  That made it easy for them to utilize me, and I got more experience than the other new associates at the firm.  Remember that this is your career, and although the firm provides you with a job and a paycheck, it is up to you to learn the skills necessary for your own professional development.  Take every opportunity to do this, even when your supervisor seems under appreciative.  As much as you hope learning the practice and gaining experience will improve your position at the firm, that may not always be the case.  It will always, however, increase your knowledge and skill level.

Although your supervisor may forget to thank you for your hard work on a task from time to time, your work and dedication will likely be appreciated and rewarded in the long run.  If, however, your job is truly, continually thankless, look around for a new firm or position. This will be your current firm’s loss. In the mean time, make yourself attractive to the new firm by continuing to volunteer for new experiences every chance you get.  And remember this feeling when you become the supervisor!  A few “thank yous” sprinkled throughout your day will go a long way.

I realize what I’m recommending not exactly new advice, and it is not intended to be a shortcut to the top or a substitute for hard work and commitment.  But if you are right there, ready, willing and able to help each time your supervisor asks, it will not be long before she will expect you to be there and come to count on you.  At this point, your future at the firm is in your hands.  Demand what you need, keeping in mind, of course, your employer’s structure and limitations, and count on that supervisor to whom you have become indispensable to fight for your cause.

Teaching a Pig to Sing

“It wastes your time, and it annoys the pig.” Thankfully, these attorneys are even rarer than the Eves, and usually, you can spot and avoid hiring the attorney who has no interest in learning how to be a litigator. One clue may be an attorney who asks in the interview if late hours or weekend work are required because he “has a life and does not want to spend too much of his life at the office.” There is a good chance this person is looking to trade some hours for a paycheck, but learning the practice of law and becoming an effective litigator are not his goals. Your training hours and energy are better expended elsewhere.

Tell me and I’ll forget; Show me and I may remember; Involve me and I’ll understand

You’ve just hired a brand new associate, fresh out of law school. She’s excited to be there, and you’re thrilled to have her on your team. Now what? I can tell you from experience what not to do. Do not assume that your bright new associate, because she is new to the practice, has nothing insightful or useful to add to the matters you are handling. Do not isolate her in a carrel in the corner of your law library preparing summary after summary without telling her how and why the summaries will be used. But on the other hand, remember that she has never actually practiced law before. Do not show her to her office with a file of her own with instructions to “handle the case,” and then check back in with her just before trial. Your new attorney is smart, capable and eager to learn, but she has never tried a case, and chances are, she’s never seen the course of a litigated matter from beginning to end. She doesn’t know how interrogatories will be used at trial, or how to ask a question in deposition so that when read to the jury at trial, the exact meaning will be apparent, without culling back through the transcript. It is up to you to teach her why we propound and respond to discovery as well as how.

Involve your new associate in each part of the litigation, from the complaint to entering the judgment. Sometimes this will mean spending your time, which is always short, calling her into your office to listen in on a phone call with the client or opposing counsel. It is time well spent. Sometimes it will require your spending three hours on Saturday morning with a giant red pen. She will hate your red pen, but if you’ve hired the right associate, she will review your changes, make a mental note of them, and ask you, if necessary, why they were made. (or in Eve’s case, she will explain an alternative way to make your point or accomplish your goal. Do not be irritated with Eve. Thank her and learn from her!) Present the associate with fact situations or issues you presently have in the office, ask her opinion and analysis, and discuss the matters with her. This will accomplish two things; she will learn what to look for and how to respond to situations, and you and your client will be pleased when she spots a previously unseen or unconsidered fact or aspect of your case.

Bring your new attorney with you, whenever possible, to mediations, depositions, motion hearings, and trial. If the case is significant enough to justify a second attorney, discuss this with your client and get authority to have your associate help you organize and present documents, communicate with witnesses and clients during trial, and perform other necessary tasks that will save you time, benefit the client and give your associate an opportunity to watch you, watch the witness testify and get a better understanding of the case and issues. In a smaller case, which doesn’t justify two attorneys present, bring her only to the closest, shortest hearings, at your expense. If you’ve selected the right attorney, it will pay off. Do not, however, lament spending time training the associate who eventually leaves. Remember, you are learning too, and the time and effort is not wasted if you have learned something about hiring and training.

Hire Slowly. Fire Quickly.

This is the CW, but in practice, almost impossible to do. First, when we’re looking to hire a new associate, the reason tends to be, well, because we need a new associate. I have so much work stacking up on my desk, I cannot bear the thought of sorting through resumes, setting up interviews, and turning away “almost match” candidates. It is SO tempting to hire the first “almost match,” I have to force myself to sleep on it for at least a couple of days, and have the candidate meet at least two other people in the firm before extending the offer.

A colleague once told me he never hires an associate without taking the candidate to lunch or dinner. My first thought was, “Right! As though I have time to be wining and dining attorney candidates when the work is piling up on my desk! I need an attorney – now!” Yes, this adds time and expense to your hiring process, and I realize, no one has time. But after a couple of regrettably disappointing decisions, I decided to absorb the time and money and take my colleague’s advice. We have taken the past several candidates to lunch, usually with one or two other attorneys from my firm. This new process had a couple of interesting results. First, we hired an attorney who, in the office interview was soft spoken and seemingly hesitant, leaving us with an initial impression that she may be too timid and shy to be an effective litigator. We’re a litigation firm, and by its nature, litigation is often contentious, and a bold, assertive, but not overly so, personality is a helpful if not indispensable, asset. Over lunch with three attorneys from the firm, our new associate grew more comfortable talking with us, and we were able to learn more about her and her career goals, and vice versa, she had an opportunity to ask questions and learn about the firm and our practice. We hired her immediately. Conversely, we also considered an attorney candidate who in the office interview displayed the perfect amount of assertiveness and confidence, but who at lunch, revealed his personality and career goals to be what we determined were probably better suited to another firm or type of practice.