Generation J.D.

Probably the toughest part of being a new lawyer is learning when and how to delegate. Like the business side of practicing law, this is one thing that law schools do not prepare you for. It can be even more difficult when you have been practicing law for about 5 minutes, and your paralegal has been there for 20 years or so. The problem is complicated because, in many cases, law school does not teach you to practice law, either. So, you depend on your paralegal to show you how to draft a subpoena, what discovery responses look like, etc…

When I was brand new, I remember holding a draft letter, petrified to take it to my paralegal for editing and “to put in final.” I was unsure of myself, unsure of our respective roles (should I be finalizing letters myself? Does she have better things to do than proofread my letters?), and unsure of the best uses of our time. I did a lot of second-guessing in those days. I would frequently be found making my own copies, and my senior partner would pass by and ask me what I was doing. I’d tell him, and he’d gently let me know that my paralegal should be doing that.

The majority of my hesitation was that I did not believe that I was above making copies. I rebelled against a perceived hierarchy—the senior lawyer on the top rung of the ladder, followed by the associate lawyer, the paralegal, and the secretary. Fueling the fire was my knowledge that, as a new lawyer, I had no idea what I was doing, and probably belonged on the bottom rung.

It took a long time for me to readjust my thinking, but it was an important step in my development. Law firms are not (rather, they should not) be about hierarchy. No one is above anyone else, and everyone should be treated as equals. However, some degree of classification is important—people are hired for specific jobs, and there is nothing wrong with fulfilling those job requirements.

My partner would always tell me that he needed me to work on other things (drafting motions and discovery, talking with experts, etc.), and copying and scheduling is a job someone else was hired for. It’s about efficiency—making sure everyone knows what they are supposed to do so it gets done faster and better. It is collaboration. Though, as the lawyer, your end responsibility is to make sure that the work gets done. If you need to be copying or making trial binders, then it ultimately falls on you (a good reason why you should delegate assignments well before their due date).

And, as far as not knowing what you are doing—you’ll get there. I tend to think of it like high school. If you are timid, you will be picked on. If you exude a little confidence, then no one will be the wiser.

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When I graduated from law school and passed the Maryland Bar, Santa (better known as my parents) gave me The Practice Manual for the Maryland Lawyer for Christmas. As I opened the large box containing two large binders I realized that I had finally crossed over into adulthood. The telltale sign: I was elated to receive a work-related present.

Every year since, I continue to work on my ongoing project of getting my personal law library of books, manuals, and treatises to use at work together.  As the 2009 holidays draw near,  I am on the search for my latest acquisition and or request for the holidays.

I know many of us have access to a law library at our firms but for those who do not, building a working library can be a daunting task for a young lawyer. Even if you do have access to a law library at your office, it does not hurt to have your own copy of the “classics” like the Maryland Rules. Chasing down a rule book can be a pain when working on something time sensitive such as a motion or injunction and there is a need to reference a specific rule. When I clerked, the Honorable Ronald B. Rubin of the Montgomery County Circuit Court consistently stated the Maryland Rules and the Maryland Rules Commentary as invaluable resources and that every lawyer, young and seasoned, should bring the Rules with them each time they go to court.

The Micpel website has become one of my most visited bookmarks and an important source of great books like Anatomy of a Trial by Paul Mark Sandler and Murphy & Grimm’s Comparative Guide to the Maryland and Federal Rules of Evidence. The Maryland Law Encyclopedia, the Bluebook or ALWD citations manuals, and the Defense Counsel Training Manual by the International Association of Defense Counsel were named as some of the top books to have and use by the Maryland lawyers in my office. Of course, the books that will help you in your specific practice will vary by area. The point is to find those books and start building the foundation for a great library early.

If you participate in Secret Santa or some other holiday gift giving exchange, or will be treating yourself this holiday, don’t hesitate to ask for or purchase something for your law library. It will aid your practice of law for years to come and will be a worthy investment in your career and value as an attorney. I’ll be putting The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide by Thomas E. Spahn on my wishlist.

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