Most of a trial lawyer’s communications with colleagues can be, and probably should be, in writing. But make sure to touch base face to face with your colleagues, particularly just to check in to see how they are doing.
I’ve been lucky to have a couple of near-breathless months of hard-core litigation work—a district court trial, two appeals in two federal circuit courts, two appeals in our state’s appellate division, depositions, a mediation, some conferences, and more. But then suddenly I had what seemed for me to be a relatively open week. I took advantage, as any manager should, by meeting with my colleagues (particularly those I supervise at my firm to see how they were doing).
This in-person connection is essential in our field. As I’ve written before, you cannot do really good trial work on your own. You need your own team, each member with his or her own role, each with his or her own style. And while you can handle most organization, sharing of ideas, analysis, planning and all that by email or memos, it’s not enough to maintain the collaborative relationship you need with your team members. To maintain that kind of connection, spend one-on-one time with your colleagues.
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I’m not saying you need to go over your fellow lawyer’s house on Saturday morning for bagels. This kind of one-on-one time can be as simple as grabbing coffee and taking a walk (or just pouring coffee from the office and taking a walk). In fact, I prefer coffee over lunch or another meal, and whenever you can get a walk in, do so. There isn’t an artificial amount of time you need to fill up talking about anything: with a coffee, it can be five minutes, 50 minutes, or longer. Something during the day also simply makes it easier for everyone to manage their personal lives outside the office.
What do you talk about? I like to tell my colleagues I have no agenda (since I do not) and that I simply want to see how things are going. If you’re lucky to be like me and both like the people you work with and work with interesting people, it’s easy to talk about personal stuff, culture, politics, or something else you both find interesting (though I think my colleagues are probably sick of hearing me tell the same story about one of my kids for the 19th time). Resist this temptation. I’m not saying never talk about anything personal. But this kind of check-in is not the time for that, or, at least, cannot only be about that.
Talk about them and their work. Be specific. Are your assignments keeping you busy enough? Too busy? Need a change? Is your work balanced? What kinds of matters would you like to work on that you’re not working on now? Is your printer working? Maybe you do not specifically ask that last question, but do be mindful of how they spend their hours and make sure those hours are well spent and enjoyably spent. Annoying IT issues, a supercharged air conditioner, or a cleaning person that lingers in the bathroom when they want to use it in the evening can interfere with all of that. These are lawyers and similar professionals. They will have something to say as long as you ask the right questions.
In terms of frequency, I’d analogize to Justice Stewart’s famous line in Jacobellis v Ohio, 387 U.S. 184 (1964): you’ll know the need when you see it. How frequently you meet depends on the person, depends on the manager, and depends on the law office. Certainly, only at annual review time is just not enough. Every month is a good rule of thumb. In any event, I do advise that any manager should do as I’ve recently done, which is to take advantage of a relatively slow day or week to catch up with this seemingly non-urgent requirement.
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Yet, if not urgent, this kind of meeting is a requirement to good management: keep in mind that you do your work as a team, with individuals as colleagues, and all those colleagues need some individual time, throughout the year, for you to keep your people satisfied and to run the best law office you can.
John Balestriere is an entrepreneurial trial lawyer who founded his firm after working as a prosecutor and litigator at a small firm. He is a partner at trial and investigations law firm Balestriere Fariello in New York, where he and his colleagues represent domestic and international clients in litigation, arbitration, appeals, and investigations. You can reach him by email at [email protected].