Biglaw, In-House Counsel

On '4 Ways Associates Screw Up'

Biglaw partner turned in-house counsel Mark Herrmann offers his take on some contradictory career advice identified by lawyer turned therapist Will Meyerhofer.

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A couple of weeks ago, I published a column called 4 Ways Associates Screw Up.

You loved it! More than 50,000 of you clicked through to “continue reading” it! So, like producing a sequel to a hit movie, I have to try to capitalize on my recent popularity.

Fortunately, one of you (1 out of 50,000; by Above the Law standards, that’s not too bad) gave me the opportunity to reprise my popular post. A commenter who went only by “Cola Cola Cola” two weeks ago complained that for every piece of advice one person gives about how to succeed at a big law firm, another person offers precisely the opposite advice. And Cola Cola Cola didn’t stop there; he (or she) gave examples, apparently taken from this post by my fellow columnist Will Meyerhofer.

I’m here to tell you that Meyerhofer is right, as is all of the contradictory advice of which he complained.

For example, Meyerhofer says that people give big firm associates this conflicting advice:

You shouldn’t ask for help – people have no time for that. Take the initiative and do it on your own.
You should ask for help – don’t waste time trying to do it on your own.

Exactly! Both of these seemingly inconsistent suggestions are correct.

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Suppose I tell you that our client was sued in federal court in Oklahoma, that I don’t see any ground for a motion to dismiss, and that I’d like you to draft an answer.

Should you ask for help?

It depends. On the one hand, you could come back and ask for help: “Mark, you asked me to draft an answer, but I don’t know what an answer looks like. Do you have a form?”

What will I think? “Who is this clown? I know he’s not ten minutes out of law school, and maybe I should have given him a form answer, but why the hell is he pestering me? Do I look like a form file? Surely his secretary, or the associate next door, or our word processing system, has some way for him to find a form answer. Doesn’t this moron know that I’m busy?” And a couple of unspoken expletives.

At a big law firm, should you ask for help? No.

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On the other hand, a different associate working on this project could come back and ask for this type of help: “Mark, you told me that you couldn’t find a ground for a motion to dismiss, and you asked me to draft an answer asserting defenses under Oklahoma law. But the governing contract, which is attached to the complaint and can be considered on motion to dismiss, contains a Nebraska choice-of-law provision, and under Nebraska law there’s a basis for moving to dismiss. Am I overlooking something, or would you like me to pursue this?”

What will I think? “God, am I an idiot! I missed a choice-of-law provision in a contract and was about to make a fool of myself! I can’t believe it! Thank God I have a competent associate who caught my error and alerted me to it! What’s this kid’s name again? I’ll have to ask him to help with my next case.” And then I’ll be delighted to chat with you about the new argument that you identified and ways that we can defend the case more intelligently than I had proposed.

Should you ask for help? Absolutely! You’d be a fool not to talk to the partner about something that matters.

What other inconsistent advice do folks offer about surviving in a law firm? Here’s a second example:

The partners value you. They’re invested in your career development.
The partners don’t know you exist. Eighty percent of your class will be gone by fifth year.

Again, I agree. With both suggestions.

Do I value you? If you’re associate number two, who identified the choice-of-law provision and kept me from looking like an idiot, then I value you. I’ll ask you to help with more projects, and I’ll help you succeed.

On the other hand, if you’re associate number one, who seemingly couldn’t blow his nose without my help, then I don’t value you. You’re just another one of the incompetent horde that passes through this joint, and most of you will be gone in five years. Thank goodness.

Finally, the third of Meyerhofer’s (seven) examples:

There is no such thing as a mentor. Don’t pester people for advice.
Locate a mentor early on; build relationships at the firm.

Again, the first advice is right.

As is the second.

After hypothetical associate number one asks for a form answer, he sends me his own draft. He sends it to me three days late, it omits several key defenses, and it’s filled with typos.

A couple of weeks later, he swings by my office and says that he needs a mentor and asks to meet for lunch and for me to help him with his career.

I’ll probably agree to the lunch date. It’s my institutional duty as a partner to be mildly friendly.

But help this person advance his career? Do I look crazy?

If I asked him to help on another case, I’d again end up spending my nights and weekends fixing his errors. If I asked him to co-author an article, I’d end up writing the damn thing myself. If I recommended that another partner use this associate, the other partner would later ask me if I was trying to sabotage his case. If I got the associate a speaking engagement, the place that let him speak would never again ask me to suggest a speaker. I’m not going to sacrifice my personal credibility on this associate’s behalf.

There’s no such thing as a mentor!

On the other hand, “locate a mentor early on; build relationships at the firm.”

Associate number two — the one who saved me from embarrassment and proved that he was smart — will never have to ask me to be a mentor, and I may never realize that I’m acting as one. (I’ve written about this before.)

That associate was conscientious and smart. He delivered work on time and right. He proved to me that I’d rather have him with me on a case than against me.

When I need help on my next case, I’ll naturally turn to that associate. He’s proven himself to be valuable; all the other associates are unknown quantities who could be malpractice waiting to happen.

When I gin up a thesis for an article, I’ll ask this associate to write the first draft and take co-authorship credit. He’ll surely produce a good draft, which will save me time and get the thing out the door. Maybe the associate will appreciate the co-authorship credit and agree to work with me in the future. I sure don’t want to lose that associate to other partners; I need him.

When the local bar asks me to give a talk, I’ll say that I’m a little tied up, but there’s someone else at the firm who could cover for me. Why not? It gives the bar a speaker, saves me some time, and the associate will probably make me proud.

When we’re going to a beauty contest, I’ll invite the associate along. We might as well introduce the client to the person who will take the laboring oar on the case, and this associate is likely to make a good impression.

Years later, when the firm is considering candidates for partnership, I’ll explain to my colleagues that I rarely speak these words, but I will today: “This person is a great lawyer. We’d be nuts not to make him a partner.”

Find mentors! They’re critical to your success at the firm!

So, Will Meyerhofer: You’re right, and you’re right. And so is all of the inconsistent advice that you’ve heard.

Ask for help and don’t ask for help. The partners value you and they don’t. Seek out mentors and don’t.

It’s all true. Every word of it.

Earlier: Gaslighting

Mark Herrmann is the Chief Counsel – Litigation and Global Chief Compliance Officer at Aon, the world’s leading provider of risk management services, insurance and reinsurance brokerage, and human capital and management consulting. He is the author of The Curmudgeon’s Guide to Practicing Law and Inside Straight: Advice About Lawyering, In-House And Out, That Only The Internet Could Provide (affiliate links). You can reach him by email at inhouse@abovethelaw.com.

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