When articling students or young lawyers enter a law firm of any size for the first time, they see the carefully cultivated image that the law firm promotes and are often thrilled to be part of a legal fantasy world where every lawyer is dynamic, brilliant, experienced, strategic, and practical.
Over time they get to know the lawyers and other key players, and eventually figure out what is real and what is not.
A young lawyer asked me for advice. He was contemplating making a jump from Big Law to a smaller firm, for the usual reason that he wanted to work less and enjoy life more. I was not completely sure that it was the right move for him.
“Do not confine your children to your own learning, for they were born in another time.” Chinese proverb
The Chinese were on to something. We all make the mistake of teaching things to younger generations based on our own experience. Here is some of the bad advice that I gave to my Associates:
Susan and Bob are unhappy spouses who own and operate a business. Sue enacts some resolutions to remove her husband as a director and officer of the corporation. Then she goes to the office before business hours, changes the locks, tells Bob that he is fired, and hires a security guard.
Bob shows up for work and is refused entry. He calls the police. The cops come and tell him that they are just there to keep the peace, which they will do by preserving the status quo. Since Sue is on the inside, she gets to stay there. As Bob is on the outside, he has to stay there.
There is currently a great deal of talk about mental health issues in the legal profession. It remains to be seen whether the profession will finally take mental health seriously, or whether the topic is simply the ‘flavour of the month’ and useful material for recruiting and marketing.
So imagine that you are a newbie lawyer working for a firm. When looking for your first job, nobody told you that the most important consideration was to work for a competent person of good character, so you chose your job based on other factors which seemed important at the time, like prestige or money.
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.
If any among you have not yet happened upon the writings of H.L. Mencken, you should correct that. Among his many pithy quotes are the following gems:
One of H.L. Mencken’s quotes that seems particularly apt for law firm management is this one: “For every complex problem there is an answer that is clear, simple, and wrong.”
Back when I practiced law, it had been drummed into my head that every mistake was a potential catastrophe and a source of shame. I was a perfectionist and proud of it. I was also a little bit intense and not particularly healthy. I taught my Associates and Law Clerks to be just like me!