Beyond Biglaw: 3 Reasons Law Firms Are Not Safe Spaces

Law firms, particularly those that do sophisticated work on behalf of corporate clients, will be bastions of refusal to indulge the desire of millennials for “protection” from the harsh glare of reality.

Beyond BiglawOne of the criticisms of millennials, especially those on the campuses of colleges and universities today, is that they are too sensitive. Stories abound of colleges needing to respond to the needs of the millennial student body, whether by fostering “safe spaces,” avoiding microaggressions (by speakers, faculty, or students themselves), or being cognizant of both verbal and nonverbal “triggers” that cause angst — or worse. Having graduated college almost twenty years ago, I find some of these alleged sensitivities in today’s students a bit overblown. More importantly, campuses that encourage this level of sensitivity are arguably failing in their primary mission — to educate and prepare the next generation for their participation as productive citizens. The whole tempest suggests that in at least some cases the inmates are running the asylum.

Every so often, there is a story in the mass media about this phenomenon. Depending on the perspective of the author, the particular incident or position being discussed is hailed as an example of how society is finally responding to longstanding injustice, or (more often) an example of how self-absorbed today’s youth are. In the latter case, there is usually bemoaning of the loss in them of some American ideal, such as self-sufficiency, grit, or the ability to respect the opinions of others. No matter what your particular position is on the matter, there is a creeping suggestion that this is just the start of a movement of sorts, and that broader society will need to form a response — especially to those who are most militant about making sure that they feel protected and secure at all times. Because eventually these people will leave the cocoon of college, and begin to make their demands in the workplace.

Personally, I hope this hyper-focused and misguided attention on meeting the needs of young people — at the risk of indulging their most narcissistic and intolerant tendencies — passes. At least before my children make it to college, or until my law firm is confronted with the opportunity to hire someone forged by the current collegiate experience. I am confident in one thing, at least: law firms, particularly those that do sophisticated work on behalf of corporate clients, will be bastions of refusal to indulge the desire of millennials for “protection” from the harsh glare of reality.  Nor will they absolve even their youngest lawyers from the challenging demands of a professional career in the service of others.

caution warning danger safe unsafeThere are at least three reasons why law firms will never be safe spaces, even for talented youth. First off, the entire premise underlying the movement to protect millennials runs counter to the noble aspirations that are supposed to undergird the values of a law firm. The idea that someone is so special that their particular idiosyncrasies (especially about what they find unpleasant) deserve respect is silly thinking — especially when the main thing law firms care about is performance. Law firms are founded, and maintained, on the idea of serving others, and uniformly promise that they will set the needs of the client over those of the firm or its lawyers. When the ideal is to serve the client to the best of the firm’s ability, demanding, even for a second, that the firm worry about the feelings of a particular young lawyer represents a degree of selfishness that will not play well. The overwhelming majority of law firms do an admirable job of rooting out, as best as they can, abusive behavior directed at their lawyers. But anyone expecting that a law firm will embrace a culture of protecting their lawyers from microaggressions is dreaming.

Second, law firms demand that their lawyers exercise judgment, even when in uncomfortable surroundings or situations. Millennials, or those of any other age group, who walk around feeling butthurt at any slight or negativity will simply not survive in a law firm setting. Besides improperly focusing attention on themselves, lawyers who demonstrate too much sensitivity are also showing that they lack judgment. The practice of law demands that a lawyer be able to filter out irrelevant information, and focus on putting the client in the strongest possible position for success. Imagine what would happen if a lawyer defending a client at deposition got thrown off by a snide comment from opposing counsel, or felt disadvantaged for having to sit with their back to the window. Legal practice demands a thick skin, and the judgment to make the most of even uncomfortable situations. Law firms embrace that challenge, rather than indulge those who would rather avoid it.

The third reason that overly sensitive millennials would fail in a law firm environment is because of the adversarial ethos that pervades law firm life. It is a competitive environment, starting from the minute you sit at your desk for the first time. If you are an associate, you are competing with your colleagues for the attention of partners (and the billable hours they bestow), or when times are rough, for the chance to keep your job. As you get more senior, the stakes escalate, and your need to compete with both colleagues and external adversaries increases. Even dealings with clients can turn adversarial at times, and while there are bounds to the give-and-take, the system is designed to reward those who can think clearly even in times of stress. Or in the face of personal attacks, at least on one’s competence or negotiating position.

None of this is to suggest that millennials can’t be trained and turned into good lawyers. They can and will be, once they come to recognize that law firms will not be as indulgent as their schools may have been. At the same time, young people hoping for a career in a law firm (or similarly charged legal workplace) need to be honest with themselves as to whether they have the fortitude to excel in such an environment. From what I have seen to date, the most outspoken of the advocates for the millennial cause on campus are doing a good job of suggesting that they won’t be able to perform in a law firm. Despite these indications of incompatibility, however, firms of all sizes will need to figure out a way to draw in millennial talent over the coming years, and channel that talent towards productive ends.

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Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique. The firm’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at gkroub@kskiplaw.com or follow him on Twitter: @gkroub.

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