This is for the young folks looking for jobs in private practice early in their careers. Here is what matters and what does not matter so much. Ignore this at your own peril (and I am sure that a great many of you will both ignore it and eventually be in peril.)
I speak to many lawyers who strike out on their own soon after being called to the Bar. They have various reasons for doing this. Some cannot obtain positions at established firms. Others get positions that come with no mentoring and abominable working conditions and decide that they would be better off on their own. And then there are those who are entrepreneurial by nature, distrusting of established law firms (often for good reason) and eager to build something for themselves.
Let’s say that you get arrested and are in deep doo-doo. Would you rather ask for advice from an experienced criminal lawyer or a recent graduate? The answer sounds obvious, doesn’t it?
And yet, when I was practicing law, I would often see articling students and junior lawyers ask for help from other junior people rather than reaching out to more senior lawyers. Sometimes the more senior people were not approachable or were downright intimidating, but more often than not, the students or junior lawyers were just shy or insecure about approaching them.
Now that I have been retired for a few years, I sometimes wonder whether my experience as to how law firms work remains valid. Also, since I spent my days with medium-sized firms and not in Big Law, I occasionally worry that my view of what goes on in Big Law is not correct.
But then I speak to lawyers working in Big Law and they invariably confirm that Big Law is exactly what I always thought it was (which is just Medium Law on steroids, with worse side effects), and nothing has changed, and likely never will.
“If you don’t know where you’re going, you’ll end up somewhere else.”
Yogi Berra.
I was speaking to an unhappy lawyer the other day, which is typically the only type of lawyer that calls me.
This particular fellow has been practicing law quite a long time and makes decent money. His unhappiness stems from his insecurity, that so many of us share, about whether the clients will continue to come, and the fact that his work is too easy. He needs to develop his reputation so that he is in demand. He must also attract some more complicated stuff to sink his teeth into so that he is intellectually challenged and feels that he is doing something valuable for his clients.
In the early 1980’s, just about the time that I was looking for my first permanent job in the legal profession, someone had called a recession and everyone had shown up. The pickings were slim for first year lawyers. Luckily for me, there was Don, a lawyer with over 25 years’ experience in the profession, who was being let go by the firm that hired me.
I went to high school so long ago that personal computers were not yet a thing. All of the students were required to take typing, which did not sit well with Gerry. He announced on the first day of class that since, as a man, he was never going to be a secretary, he did not need to learn how to type. He then skipped all of the typing classes for the entire semester.
So, here is the situation. I am closing a deal with a senior partner from one of Canada’s largest law firms. Let’s call him “Big Law Guy.”
I am a senior partner myself, but with a medium-sized suburban law firm. By definition, he is supposed to be smarter than I am and his junior is supposed to be fortunate to be working for him instead of working with me.
We have all heard the expression, “write about what you know,” usually attributed to Mark Twain, who knew a thing or two about writing.
I don’t do that.
Warning
This article has three parts. Do not act on the suggestions in the first part until you consider the advice in the second part and the rebuttal in the third part.
Part One: Murray’s Recommendations
Murray strongly recommends that articling students ask these probing questions and many similar ones before accepting a position: