Part I: Training New Associates
by Jerri Johnson
By far the most time consuming and frustrating part of my job as managing attorney is the reviewing, revising, explaining, discussing and training associates how to practice law. Very often, it is also the most fun and rewarding. Very little of what is required in our tort litigation defense practice could be considered intuitive or purely common sense; nor is it taught in law school. It takes practice, dedication and hard work to learn when to argue stridently, when to soft sell your position, and when to present your case exactly as it is, even when it isn’t pretty. Moreover, these approaches often vary within the same case, depending upon audience. For example, as a defense attorney, you must point out to your client any weaknesses in your case and the strengths in your opposition. You will not, however, present these to the jury or even, in most instances, a mediator.
As a new attorney, the most valuable asset in learning how to be a litigator, and yet the hardest thing to find, is a good teacher. As a seasoned attorney, everyone wishes they had had one, but very few have the time, energy and skills set to become one. As mentioned above, it is time consuming, frustrating, stressful, and the reward, that is, a protégée who does everything exactly like you, or even better, (the “All About Eve” associate,) may be slow in coming, or never develop at all. But when it does, it is truly worth all the effort, for both the seasoned attorney and the new associate!
Many associates learn to be litigators by being tossed into depositions, mediations, arbitrations and trials with no guidance except after the fact criticism. It is what I would call learning the hard way, and although sometimes effective and all too often unavoidable, it is not what I recommend. Very few litigation firms have the time and resources to show attorneys how to take a deposition by attending one with them, to review an outline together before the deposition, or to sit down afterwards to review and critique the questions and testimony. Adding to the difficulty, many new lawyers do not enter the practice with a sense of ownership in their legal careers. They have no interest in spending their free time learning the practice of law, and you and your firm cannot afford to spend your time and resources teaching them if the effort and expenditure is all one way. Do not, however, assume that new lawyers lack this quality simply because they may not become a great litigator on their own. Again, this is not intuitive. Learning the practice requires 1) an associate eager to learn, even if it means staying late, revising a report four times or enduring a supervisor hovering over and feeding him questions during his first deposition; and 2) a supervisor who is patient, clear in her instructions, willing to repeat, explain and provide examples, and who is relentless in assuring the final work product is ready to leave the office. Next week, I’ll discuss the training of two particular types of associates: Eve and the Pig.