THE DO’S, DON’T’S AND IF I ONLY KNEW THEN

(CIVIL LITIGATION)

PROFESSIONALISM

§  This is a profession of trust and reputation. Both are hard to gain and easy to lose.

§  It’s a profession, not a job. Act like a professional even, and especially, when your opposing counsel doesn’t.

§  Maintain a professional on-line profile. Google yourself and delete anything you would not want your employer, clients, or judges to see.

THE GOLDEN RULE (or don’t be a jerk)

§  Support staff often have enormous knowledge of the nuts and bolts of practice. Treat them like team members – not servants. They can be a huge help in your career or hold you back. Which would you prefer?

§  Ditto for court personnel. Judges (or at least some judges) may come and go, but court clerks and coordinators are forever. They can make your life incredibly difficult or they can smooth things over with the court. When you need that emergency hearing, you’ll be glad you’ve been civil and polite with the court staff.

§  In the heat of litigation or a high stakes deal, it can be tempting to take advantage of an opponent’s mistake. Instead, within parameters that will serve your client’s interest, extend professional courtesy.

§  Be reasonable with requests for extension of time and such. One of these days you will be seeking help from an opposing counsel and if you have a reputation for being unreasonable, it probably won’t be forthcoming.

GETTING THE JOB DONE

§  Law school didn’t teach you anything about practicing law. Get yourself a mentor and learn what the real practice of law is.

§  Pay your dues. No work is beneath you. Prove yourself on the small projects, and you will gain the confidence of your Partners/clients.

§  Be willing to do whatever it takes to meet expectations. The maximum effective range of an excuse is zero.

§  Understand your deadlines and ask for feedback when a project is completed.

MAKING MISTAKES

§  You will make mistakes. When (not if) you mess up, take a moment to see if you can find a way to resolve it and come forward about the mistake with a solution already in hand.

§  Mistakes are often powerful learning opportunities. Having the problem engraved on your mind, will probably make sure you don’t repeat the error.

§  Whatever you, don’t lie about the problem or try to cover it up. You will make it 1000 times worse.

TIME IS MONEY (everyone’s time that is –not just yours)

§  Take time to understand your client’s business, legal needs, and the goals for the matter at hand. Give your advice, but remember your client is paying the bill. You’d love to litigate a $5k case for two years, but your client may not be well served.

§  Return phone calls and emails promptly. If you are busy, a quick response setting up a time to talk or answer the email will let people know you haven’t forgotten them.

FINDING YOUR WAY AROUND A COURTROOM

§  Don’t let your “first day in court” be your first day in court. Go beforehand. Learn how the electronic works if you are going to use them, and how the Judge runs the court room.

§  Understand the Court’s rules. Find someone who has appeared before the Court to explain the unwritten rules.

§  Be ready to hand the Court a copy of the evidence or cases you are citing.

§  Never tell a judge, “You can’t do that.”

§  A good lawyer impresses the judge, one’s colleagues, and opposing counsel. A great lawyer impresses those people in the jurors’ chairs. They are the Gods on Olympus.

DEVELOPING BUSINESS

§  Clients are people you meet. You won’t meet too many people in your office. Get out and have a life.

§  Create and maintain genuine relationships

§  Look for writing/speaking opportunities to build your brand.