Associate Advice

It’s very difficult to get a job as an associate in a small law firm. First of all, there is a lot of competition. Many of you are between jobs. Many are at Biglaw jobs looking to get out. Many of you are finishing up law school and are still looking.

Don’t get me wrong: it’s also hard to get a job at a big firm. I know. But the path there is at least more straightforward: Go to a Top 30 (or so) school. Work hard. Finish in the top 20% or so in your class (the lower your school ranks, the higher grade ranking you need). Wear matching shoes to your on-campus interview at the start of your 2L year. Don’t get slizzard at your summer-associate firm functions. Pass the bar. Sell your soul. Collect your buck sixty.

Yes, yes, I know. It’s not that simple, and the large firms do look for other qualities, too. But no one in my class who met that top 20% threshold failed to get a Biglaw summer-associate job.

The path to small-firmdom is more circuitous. And by “circuitous,” I mean “there is no path.” It’s certainly not about being smart, working hard, and getting good grades and a good education. Those are table stakes.

But I’ve identified the ten traits that make the best candidates for a small-firm-associate gig. See what they are after the jump.…

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The Career Center is featuring a special series this summer for law students who want to excel as summer associates and ultimately secure permanent offers. Starting today and continuing throughout the summer, we will feature tips to help you manage your assignments, juggle conflicting demands, account for your time, handle feedback and criticism, and much more. These tips, focused on helping you navigate your law firm and summer associate internship, are provided by Frank Kimball, a principal of the Kimball Partner Group – a Lateral Link company, and an expert recruiter and former Biglaw hiring partner.

Today’s tips focus on how to maintain an attitude that will help you win over the partners at your firm and put you on the fast track to success. While not known for offering useful legal guidance, Elle Woods from Legally Blonde: The Musical offers great advice to summer associates: “Be positive.” You have already passed the first test, by initially securing the summer associate clerkship. Now you need to show off your dazzling personality — or at least demonstrate that you are at least tolerable during late-night doc review projects that await your future.

Keep the following tips in mind, whether you are working on a legal memo or hanging out at a partner’s summer house in the Hamptons….

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Ed. note: This post is by Will Meyerhofer, a former Sullivan & Cromwell attorney turned psychotherapist. He holds degrees from Harvard, NYU Law, and The Hunter College School of Social Work, and he blogs at The People’s Therapist. His new book, Life is a Brief Opportunity for Joy, is available on Amazon (affiliate link).

Associates at big law firms don’t normally burn out right away. They arrive bright-eyed and bushy-tailed, raring to go. This is their moment! Grasp the golden ring!

If you look closely, though, you’ll notice a few poor souls who burn out immediately – sometimes within a few weeks. These folks look awful almost from Day One, dread coming to work, don’t talk to the others, can’t sleep and wonder how to get out – like, immediately.

That’s because they’ve been sexually harassed.

Oh… that.

Right. That.

I know. Sexual harassment is a drag of a topic, the stuff of tedious lectures by gender theorists and “Human Resource professionals.” Nothing new to say, just standard material: wince-inducing scenarios, tired platitudes about respect and crossing the line and what’s appropriate in a workplace blah blah blah…boring, scary, boring.

I hear about sexual harassment all the time from my clients, so it’s a little less boring for me, and a lot more real. There is stuff worth talking about. But I’ll keep it quick.

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Have you ever noticed that some lawyers become different people when they get in front of a keyboard?

It’s like a Jekyll-and-Hyde kind of thing. They might be perfectly pleasant individuals in real life, capable of warmth or at least civility to their fellow human beings. But get them in front of a computer with a law-firm template on the screen, and they turn into some sort of lawyerly unmanned drone.

Most lawyers, especially junior lawyers, have an idea about what a lawyer letter is supposed to look like. It generally has fancy lawyerly words like “pursuant to,” and it usually includes lawyerly weirdnesses like parenthetically writing numbers in figures after having just spelled out the numbers in words (“If we do not receive a response for you and/or your counsel in five (5) days …”), and it almost always contains threats about Very Bad Things happening. And they tend to be uniformly douchey.

But here are four (4) reasons why lawyer letters are less effective than phone calls.…

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It’s that time of year. The never-ending winter is finally retreating and we’re getting the few weeks that pass for spring in New York, before the city turns into a humid swamp for four months. The lucky ones who pocketed spring bonuses want an excuse to spend them. Minds drift to thoughts of vacation — a temporary escape from billable hours and fleeting chance to remember what sunlight feels like. If only it were that simple.

Fact: Americans on average get far fewer paid vacation days than workers in other developed countries, including Japan, which invented the concept of karōshi (death by overwork). Sadder fact: most Americans don’t use the precious few vacation days that they have.

Lawyers are particularly bad about this. Biglaw attorneys are lucky enough to get four weeks of vacation each year, but most don’t use them. These 20 paid, get-out-of-jail-free days are part of your compensation package. Refusing to use them is essentially giving your firm 20 days of free labor. I don’t know anyone who negotiates a lower salary or feels guilty about taking advantage of the firm health plan. Why should vacation be different? The Firm has no qualms about taking up all 24 hours of every one of the other 345 days of your year. Why wouldn’t you use your vacation days?

Associates whine that taking vacation from Biglaw is impossible. No it isn’t. Sure, it may be difficult, but it’s certainly not impossible.

All it takes is little common sense….

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Few folks use proposals for co-authorship to advance their careers. More should.

What am I suggesting?

Come up with a thesis for an article. Call somebody who matters to you, and propose that you write the article together. Write a first draft of the article, send it to your co-author to solicit revisions, and then publish the piece.

For whom might this work? Anyone who’s looking to curry favor.

For business development purposes, an outside lawyer might call a client or potential client and suggest co-authoring a piece in the client’s field of expertise. For career development purposes, a law firm associate might do the same with a partner, or an in-house lawyer might do the same with a business colleague or a supervisor. Few people would be offended to be offered co-authorship credit for an article, and many would be delighted to be given the opportunity and later to take partial credit for a published piece.

Why is this tactic used so rarely?

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There comes a time in the career of every law-firm lawyer when she realizes that her bosses are acting like idiots, that “they’re doing it wrong,” and that she could do a better job if she were running her own law firm. Most of the time, that idea goes no further: the lawyer rattles off a few choice curse words, ignores the partners’ shortcomings, gets the work done the way they want it, and lives to fight another day.

But for a small minority, this outburst becomes an epiphany, and then turns into a dream (kind of like Inception, but in reverse), then an obsession, then finally a reality. Others, like me, always knew that they they were going to start their own law firms, and it didn’t take frustration with partners for that idea to form.

So when’s the perfect time to start your own firm? The answer is the same as for the question of when’s the perfect time to start having kids:

Never.

But forget the “perfect” time. When’s the best time to start your own firm?

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I have a temper.

That might surprise people who know me casually, like my professional acquaintances. I work hard to keep it in check. Over the past 17 years as an employment litigator (representing companies), I’ve gotten better at controlling my anger. But it hasn’t always been easy.

Because lawyers can be pretty adept at pissing people off.

In fact, I know many people who left litigation — even left practicing law altogether — primarily because they were sick of dealing with obnoxious opposing lawyers. And I’m not talking about thin-skinned, confrontation-avoiding types. I’m talking about solid, talented litigators who just stopped finding it fun to fight with douchebags all the time.

And this is more of an issue for newer small-firm lawyers, who are much more likely to deal with opposing counsel early in their careers than their Biglaw counterparts. (Maybe someone else here can write a post on dealing with obnoxious document reviews.)

So to help you deal with the toolbags that all litigators face from time to time, here are five tips that I’ve picked up along the way….

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My first job out of law school was at a five-lawyer employment-law boutique: two partners, two other associates, and me. (OK, it was my only job out of law school; I started my firm after four years at this boutique.) The other two associates were third-years when I started. To be sure, they were both excellent lawyers and had already gained much experience working in a small firm with top-quality partners.

(I’ve often said that I’d take a third-year small-firm associate over a Biglaw third-year any day. The Biglaw associates have spent two years reading cases and writing memos; the small-firm lawyers have actually been doing, you know, lawyer work.)

I got along well with both associates, but one of them had more of a hierarchical view of the firm. One day, after I’d been there a couple months, that associate said to me, “I have an assignment for you.”

Being the new kid at the firm, the proper and deferential response might have been “Great. Thanks. Happy to help.” But my answer was less proper and by no means deferential.

And even though it ruffled some feathers, I’d recommend it to any new associate at a small firm. What I said was …

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In the first part of our Career Center “Tip of the Day” series, focused on helping you to achieve a work-life balance in your daily schedule, we provided tips aimed at managing your work to help free up time for your personal life. Today, we feature tips aimed at helping you maintain your personal life. Striking the right balance between your personal life, professional life and social life is essential to leading a successful and comfortable life.

On to the tips for maintaining your personal life…

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