On newbie’s list: Nearly everything

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When I first started working at my law firm, I worried a lot. My anxieties included everything from “am I dressed appropriately?” to concerns about the substance of my work. This past year, however, our firm hired several new attorneys, and I had the opportunity to switch roles and serve as a veteran adviser.

Several junior attorneys at our firm (myself included) hosted a question-and-answer session for the brand new folks. The newbies asked lots of questions, and many of their questions (perhaps not surprisingly) mirrored my own former anxieties. This month, a new crop of attorneys are graduating from law school and joining firms across the Twin Cities. Although I still don’t have answers to several of these questions, it seems helpful to share the most oft-repeated concerns raised by my new attorney friends and colleagues.

What do I do if I’m not busy?

We worry when we are busy and we worry when we aren’t. New attorneys, eager to prove their mettle, can become particularly panicked when faced with downtime (perhaps this is a post-recession phenomenon). When I’m not that busy, I’ve learned to let people know that I have capacity and then engage in activities that will help my practice and firm over the long-term.

For me, these activities have included taking on a pro bono case, writing articles, becoming involved with outside legal organizations, and volunteering to teach CLEs. I recommend, however, avoiding taking on more than one extra-curricular activity at a time. When the next case comes through the door, you may be kicking yourself for your earlier enthusiasm.

When do I tell people that I am too busy?

This is one of those questions with which I still struggle. When I first started practicing, I measured my workload daily. If I was busy on any particular day, I assumed I was too busy to take on more. If I had free time during a day, I thought “great, I can assume something else.”

I had no understanding of the ebb and flow of litigation. I didn’t know that a case entering the discovery phase was about to explode or that all my work on a settlement agreement would result in some free time. The best advice that I received on this point was to offer senior folks a summary of my current workload — that way, more experienced attorneys could gauge whether my workload seemed reasonable or not.

When a partner asks for a project, but doesn’t give a deadline, how much time do I have?

The answer to this question becomes easier the more you have worked with a particular partner and figured out his or her preferences. I asked a colleague this very question only a few weeks after starting at the firm, however, and his answer remains my gospel. He advised, “Why don’t you write the partner and say, ‘I plan to complete the project by x date, will that work for you?’”

A sensible answer that did not leave me worrying whether too much time had passed.

What happens if I have a personal conflict with a hearing, meeting, weekend assignment, etc.?

As a new attorney, I was particularly loath to turn down any opportunity. That said, every once in a while, a personal conflict arises. Do you cancel your vacation? Your doctor’s appointment? To prevent double-booking, I’ve learned to put every appointment on my calendar — this way my colleagues can check my calendar before scheduling a meeting. If an important hearing or deposition does get scheduled during a personal conflict, I conduct my own balancing test (how easy is it to change my personal calendar vs. the work conflict) and then decide whether to approach the partner with my conflict.

When approaching someone with a conflict, I try to have a potential solution in mind so that I don’t just create problems — perhaps a colleague could cover the work event; the work event could be rescheduled; or, in an emergency, I could volunteer to skip the personal obligation. Communication on this one is key — yet it’s so easy to let embarrassment about raising the issue prevent this discussion from occurring.

What happens if I give a partner a project and I get no feedback?

When I completed my first assignment at my new firm, I reread the memo multiple times, reread my email cover memo several times, and then took a deep breath and hit send. After sending a piece of work into the void, I would worry as to its reception until I heard back from the partner that it was helpful, raised additional concerns, etc. I think it’s easy for senior folks to forget that, while they are busy and engaged on multiple cases, a new attorney may be sitting at his or her desk wondering whether a project was acceptable until they hear a response.

That said, a new attorney can always take matters into his or her own hands and, if a week goes by, can shoot a follow up email asking if any additional research is needed on the project.

What are the practices/proclivities/preferences of a particular senior partner?

Your colleagues are your best resource on this front. I quickly learned to ask my junior colleagues (and legal administrative assistants) for examples of memos, settlement agreements, letters, etc. that a particular partner liked or used.

These conversations also provide the opportunity to ask about partner preferences: one space or two after a period? What size font does the partner prefer?

Looking over the list of questions, one thing is clear: New attorneys are an eager bunch. We want to prove ourselves and participate meaningfully in our new positions. My own missteps as a new attorney most frequently stemmed from a failure to communicate and a fear of asking questions about deadlines and my workload. But it’s always difficult to ask questions when trying to establish competence.

My first day of kindergarten, my mother was horrified to discover that I hadn’t used the restroom all day because I had been embarrassed to ask where it was. I just assumed all the other kids knew, and I didn’t want to look like I didn’t know what was up. The next morning, my mother arranged for all the kids to get a tour of the classroom — it turns out lots of us didn’t know where the restroom was located. Once again, everything I need to know I learned in kindergarten — sometimes I just need some encouragement to ask the obvious questions.

Sybil Dunlop joined Greene Espel in 2010. Her practice focuses on representing individuals, corporations and public-sector entities in business and governmental defense litigation. She can be reached at [email protected].