A year ago I started my law practice all by my lonesome.  I work in a building with lots of other people, but no other lawyers, so I joined a listserv for small and solo practitioners.  I made some ‘friends’ and while I never posted a substantive question on the list (why would I ask a listserv comprised of 4,000 lawyers whose backgrounds I don’t know a question about a case?) I enjoyed the general water cool atmosphere.  In that time, however, there was a common theme – folks who looked at criminal defense as a way to make a quick buck (fast cash up front) and as a way to get courtroom experience (after all, the point of civil litigation is to never actually try a case).  I find this offensive for a number of reasons.  Number one, what about clients?  And number two, what about clients.  Finally, what about the clients?

This listserv is about support.  In essence, if someone posts something moronic or bigoted or simply idiotic, the appropriate response is “way to go” or something along those lines.  This past week, there were two posts that made me more mental than usual.  One about same sex couples adopting (one list member said it was a ‘social experiment gone awry’ to which I responded “WTF, can I swear on this listserv”) and another where another young lawyer wanted to know how he was going to get experience after the state in which he works gets a public defender system.  The purpose of this post isn’t whether this kid is right or wrong – for that you can go to Brian Tannebaum’s blog where there is a lengthy commentary on the actual email.  It’s not about marketing – for that you can check out Scott Greenfield.  My problem, again, is that the listserv has become what mentors used to be for us.

In a recent post, Carolyn Elefant, who is a mentor to us solos in her own right, says mentorship is dead especially in this era of listservs and legal research.  There are lawyers out there floundering, wondering where their next meal is going to come from.  They’ve been churned out of law school like so much – like so much what?  I’m terrible at analogies.  But I refuse to believe that every young kid fresh out of school who has hung a shingle did so because they wanted to make money and not because they wanted to practice law.  I’ve hired two law clerks for the summer.  Both of them look like they are willing to bust their asses.  Both of them say they want nothing more than to learn how to practice law.  I am hopeful they are being truthful, and nothing in their demeanor suggests otherwise.  So, I don’t want to be dismissive of the current economic climate and lump all new lawyers into the ‘it’s not a profession it’s a meal ticket’ basket.  It is hard these to get a job and have an office where you can poke your head into the next office and say “hey, what do you think about this” but it can’t be the case that you are left only asking on a listserv or otherwise just doing a crap job for clients.

Here’s the truth:  If you aren’t a douchebag people will help you.  If you stop panicking about the money, if you aren’t so inartful in the way you phrase things (come on, you are a lawyer, choose your words more wisely) there will be many, many, many people willing to tell you how to not fuck up.

 Fact – I have a trial coming up.  I’ve been in practice for about a dozen years with a little hiatus in there for the kids.  I called Norm Pattis this weekend.  He spent an hour on the phone with me and sent me voire dire questions for my case.  I’ve talked to local criminal lawyers and people who have practiced in front of this judge before to see how the judge runs the courtroom.  A local attorney has offered to sit with me during the first day to help with jury selection.  Why?  Because he wants to.  Because I went to him and we sat and talked about the case and I asked  him questions.  He and I have been practicing the same number of years. 

I disagree that young lawyers need to know about practice management and technology.  I refuse to believe that the practice of law is nothing more than a few click on a fancy gadget and whatever cloud computing program will churn out your timesheets most accurately.  You cannot be a good lawyer without a mentor who can push you, inspire you, and maybe yell at you. 

Young lawyer, new beacon of hope and light, please listen.  Ask your elders.  Ask your peers.  But please, just ask.

Share