Being a new lawyer may be daunting, but seeking advice from those who have been there before will set you up for success. Use these tips from experienced practitioners to help you gain confidence as you navigate your first years of law practice.
Tip 1:
Take the time to research courtroom practices, observe proceedings, and build relationships with court personnel
It can be challenging for new attorneys to figure out the basic logistics of appearing in court, especially because every court and courtroom is different. The best thing to do is observe, which is especially easy now with the proliferation of Zoom hearings. Also, as a new lawyer, the clerk can be your best friend if you humble yourself enough to ask about particular courtroom practices or the judge’s preferences. A box of donuts can go a long way to opening doors and creating friendships. Finally, it’s important to know which courts have e-filing and which don’t so that you know how to handle filing and service.
Tip 2:
Be prepared to lose, and be resilient when things don’t go your way
An important part of practice is learning to be realistic and knowing when the facts are simply against you. You won’t win every case or every motion; in fact, you will often lose. Sometimes you don’t go to court to win but rather to put your argument on the record. You might file some motions just to alert the judge to an issue you don’t want them to miss or to make a record for appeal. And, of course, drafting and arguing a motion is a billing event, so you can get compensated for your work. Remember that you’re learning and you will make mistakes. Judges may sometimes be harsh if you slip up, but working through those experiences is part of the job. Developing resiliency is key.
Tip 3:
Defuse difficult opposing counsel
Some opposing counsel will try to steamroll you as a new attorney because they are looking for any advantage. One of the most important things you can do is to know your case backward and forward so they can’t capitalize on any weaknesses in your understanding of the case. Don’t believe everything opposing counsel says; if you think something is off, defer any decision or response until you have a chance to look into it. And remember that sometimes you can shut down incivility by calling it out and openly addressing it. If you remind the other lawyer that you are going to stand up for yourself, they will often back down.
Tip 4:
Stay true to your own individual, authentic practice style
Lawyers have all different styles and there is no one right way to practice. You can represent your client zealously and effectively without being hard to work with, and you will represent your clients more effectively by being authentic than by trying to be someone you’re not. Remember that you are working for your client, but you’re also developing your own reputation in the legal community. You can get solid referrals from lawyers on the other side if you impress them and gain their respect.
Tip 5:
Be strategic with client development
One of the best things you can do if you’re starting out on your own is to be selective about the cases you take. Even though you’re trying to build your business and make money, some clients—and the baggage they bring—are not worth the headache. Learning to follow your intuition will save you money in the long run. Also, develop relationships with other professionals to help get new clients. For example, if there is a certified public accountant in your office building, you can nurture that relationship and demonstrate your expertise to create a strong stable of referrals.
Tip 6:
Ensure that your clients fully understand your fee arrangement
Clearly communicate your fee arrangement to your client, outlining each piece in detail. Sit down with them and spell out exactly what services will be billed. Confirm that they understand it, and make sure to give them an opportunity to ask questions before they sign. You want to avoid any bad blood that might arise if a client claims that they didn’t know they would be charged for something.
Tip 7:
Control the client relationship and establish clear boundaries
To be an effective advocate, you must control the relationship with your client from the outset. Make sure you understand exactly what outcome they want or expect, and be able to tell them whether or not it’s realistic. It is critical to manage clients’ expectations about everything from how long it will take to reach a resolution, how much it will cost, and how likely it is that they will get everything they are hoping for. The client can tell you the facts, but you know the law and the realities of the legal system, so you are the one who needs to run the case. Be sure to establish clear boundaries around your availability or clients will take advantage of you and monopolize your time. Make it clear what means of communication are acceptable and when you will and will not be available.
Tip 8:
Speak up if you are overloaded with assignments
Many times, new attorneys working in bigger firms have to juggle assignments from multiple partners, some of whom may not be aware of what’s already been assigned. If dueling assignments are running you ragged, communicate with the partners about your workload. If it is a good work environment, they will understand and help you prioritize. Remember, the work you are doing will impact the partner’s case; if you are spread too thin and do subpar work, no one benefits. Also, maintain good relationships with your paralegals and legal assistants. They are assets to you and will catch your mistakes. Be kind and make sure their good work is recognized with appropriate gifts and expressions of thanks.
Tip 9:
Prioritize your mental health above all
The work lawyers do is hard and stressful. It’s also extremely important, but so is your family, your personal time, and your mental health. Take care of yourself, build in breaks, and strive to find a balance. Don’t miss important events or time with your family for work that isn’t critical, because you won’t get that time back. And if you’re feeling burnt out and think you might be done with the practice of law, look into other practice areas first to see if what you really need is a change.
Tip 10:
Ask for help
While being a new lawyer is hard, there is no shortage of help out there. Recognize what you don’t know, and don’t be afraid to ask for help! ICLE resources can be a great place to start, including the discussion forum in the ICLE Community and the resources listed below.
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