The New Lawyer's Handbook: 101 Things They Don't Teach You in Law School

THE NEW LAWYER’S HANDBOOK

101 THINGS THEY DON’T TEACH YOU IN LAW SCHOOL

KAREN THALACKER

Copyright © 2009 by Karen Thalacker

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First Edition: 2009

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Library of Congress Cataloging-in-Publication Data

Thalacker, Karen.

  The new lawyer’s handbook : 101 things they don’t teach you in law school / by Karen Thalacker.

      p. cm.

  1. Practice of law—United States. 2. Law—Vocational guidance—United States. I. Title.

  KF300.T48 2009

  340.023’73—dc22

2009012755

Printed and bound in the United States of America.

VP — 10 9 8 7 6 5 4 3 2 1

To my teachers, mentors, and colleagues

ACKNOWLEDGMENTS

I want to say a special thank you to my family and friends.

To my parents whose wisdom and kindness have always inspired me. I thank God every day that I am your daughter.

To my brothers and sisters—Fred, Ann, Andy, and Laura—who have supported and encouraged me in my crazy adventures from infancy to today.

In writing this book, special thanks to Andy and Laura who are two of the smartest and nicest attorneys I know.

To my children—Ella, Robby,Andy, and Malcolm—who love their busy mom despite my hectic schedule and who give me strength every day.

And to my husband Pete who is my partner in everything. I couldn’t and wouldn’t do any of this without him.

CONTENTS

Introduction

Section I: Starting Out Right at a Law Firm

1.   Get the details of your employment agreement in writing

2.   Appearances matter

3.   Have extra essentials at the office

4.   Work when you are at work

5.   A to-do list is your constant companion

6.   The importance of having a good assistant

7.   When you’re an associate, draft means final

8.   You don’t know everything

Section II: Understanding Law Firm Politics

9.   When your law office is more like the set of Survivor

10. Avoid having a romantic relationship with someone in your office

11. Foster a close relationship with someone in your office who has your back

12. It helps to be a golfer

13. What to do if a colleague is struggling

Section III: General Tips for Having a Successful Practice

14. Avoiding legal pet peeves

15. Don’t tolerate bad behavior

16. Learn to be a better listener and a better communicator

17. Don’t give advice to strangers over the phone

18. Resist the pressure to take a case you’re not qualified to take

19. Find experienced lawyers you can talk to

20. Don’t procrastinate

21. What to do when opposing counsel is a jerk

22. You can always be a jerk later

23. Think twice before accusing someone of an ethical violation

Section IV: The Business of Practicing Law

24. Be as involved as possible in your law firm’s finances

25. The importance of a good filing system

26. Earning a living as a lawyer is a tough buck

27. How to build your practice

28. Treat your client like a customer

29. Get the money up front

30. How to close a case

31. Never let your malpractice insurance lapse

32. Keep up with your billable hours

33. Legal research isn’t free anymore

34. Disaster planning

Section V: Becoming Comfortable with Technology

35. Stay on top of technology but don’t be a slave to it

36. Know how to operate the office machines

37. Cell phone etiquette

38. Be careful with emails

39. The impact of the Internet

Section VI: Working with Clients

40. The importance of the attorney-client privilege

41. Do not judge

42. Don’t give anyone a blank check on credibility

43. Keep a box of tissue on your desk

44. Not every attorney is for every client

45. Beware of the client who has fired his or her first attorney

46. When gender matters

47. Should you represent family and friends?

48. Make sure you and your client have the same expectations

49. Don’t give guarantees

50. Tell your clients they need to follow your advice

51. Be specific

52. When a client or someone else is in jail

53. How to tell whether someone is having an affair and why you should care

54. How to get your client to tell you the truth

55. You may be the only sane person in your client’s life

56. Anyone can become crazy

57. How to be involved but not overly involved

58. Make sure your client has the support of friends and family

59. Is the extended family part of the problem or part of the solution?

60. Does your client have a safety plan?

Section VII: Building a Case and Preparing for Trial

61. Make sure you are suing and serving the right party

62. Look at the jury instructions to prepare your case

63. Don’t wait for someone to give you information

64. Prepare for depositions

65. Give mediation a try

66. How you know when you have a good settlement

67. Hope for the best but prepare for and expect the worst

68. Your pretrial settlement discussion with your client

Section VIII: Success in the Courtroom

69. Don’t throw a fit in court

70. Treat the other attorney’s client with respect

71. Find a nice judge you can talk to

72. Research your judge

73. Be extremely careful with ex parte communications

74. Do these things before you ask the judge for a signature

75. How to get your witness ready for court

76. You and your client should dress appropriately for court

77. How to present your case to the judge

78. Tips for picking a jury

79. Cross-examination—you’re no Perry Mason

80. Know when to sit down and shut up

81. Make your record for appeal

82. Appeals are a different animal

83. Getting more time in court

84. Have a sincere appreciation for court personnel

Section IX: The New Lawyer at Home

85. Don’t cross-examine your spouse or significant other

86. Phone calls on nights, weekends, and holidays

87. Find a creative outlet and a physical outlet

88. Get your affairs in order

Section X: Your Legal Career in the Long Term

89. Keep up with your jurisdiction’s latest ethics and appellate decisions

90. Don’t let the door hit you

91. Why lawyers get burned out

92. You have the power to predict the future (eventually)

93. Stay humble and stay grateful

94. Do not underestimate the power of addiction

95. It’s not the crime—it’s the cover-up

96. Does it pass the smell test?

97. You have the ability to change people’s perceptions about lawyers

98. Donate your legal skills

99. The importance of defending the independence of the judiciary

100. Care about politics

101. What will people say at your funeral?

Conclusion:Why I love practicing law

About the Author

INTRODUCTION

I went to law school right out of college. Thankfully, I had led a sheltered existence up to that point. My parents were happily married. My siblings were happily married. My friends were happily single. I was young and incredibly naïve. Although I had told people since the fifth grade that I wanted to be a lawyer, I had never even stepped foot inside a law office until a part-time job during my senior year of college.

Maybe it sounds crazy, but I enjoyed law school—well, most of it anyway. I liked the people, I liked my professors, and I liked the classes. But even at law school, I was sheltered. I had little understanding of the practical implications of entering a profession where conflict is everywhere and the seven deadly sins make a daily appearance. After graduation, it became very clear to me that while the study of law deals with statutes, cases, and appeals, the practice of law deals with an intriguing cocktail of greed, substance abuse, domestic violence, and basic immaturity—and that is just between you and your law partners. Your clients also experience these issues in their cases.

That is where I hope this book will be of help to you. Inherent in the practice of law is a significant amount of on-the-job training. By identifying issues and possible trouble spots, it is my hope that students and new practitioners will be better equipped to both successfully represent their clients and also keep a proper balance between the law and their life.

SECTION I:

STARTING OUT RIGHT AT A LAW FIRM

Two dogs are chasing a car and one says to the other, What are you going to do if you catch it?

That is exactly the way I felt at the beginning of my legal career. I had been chasing this dream of being a lawyer for so long, and when I had everything I needed—my college degree, my law degree, and my license to practice—I was a little uncertain about what would come next.

Despite the uncertainty you may be feeling, stay positive, pay attention to detail, and work hard. If you can do that, your transition from student to lawyer will be a smooth one.

1.

GET THE DETAILS OF YOUR EMPLOYMENT AGREEMENT IN WRITING

When it comes to their own business affairs, attorneys are notorious for failing to get the terms of their agreements in writing. You would never tell a client to do business on a handshake, so why would you do it yourself? It is important to start your job off right by getting the terms of your employment in writing.

If you are a new attorney, getting the employment agreement you want is a four-part process:

1.  Do some research and be prepared to negotiate your agreement. Get to know the Career Services Director at your law school. The director’s job is to help both students and graduates find the job they want. He or she will have a wealth of knowledge about the range of salary and benefits you might expect given your education and experience and the size and location of the firm. If you are going straight into a partnership situation or are office-sharing with someone,you need very specific information from the firm itself about past profits and expenses so that you can determine how future profits and expenses will be shared.

2.  Keep an open mind during negotiations. Don’t be so set on a particular salary range that you overlook a firm that has amazing benefits or opportunities. That being said, if you work hard, you will be worth every penny the firm pays you, so do not be shy about fighting for the salary you believe you are worth.

3.  Get the agreement in writing. If you fail to do this, you make it easier for your employer to avoid living up to his or her part of the deal.

4.  Don’t sign the agreement until you’ve had another lawyer look at it. Even if it’s a friend or mentor and not someone you’ve actually hired, it’s always a good idea to have a fresh set of eyes check it over.

2.

APPEARANCES MATTER

When I say that appearances matter in your law practice, I am not suggesting that you need expensive suits and expensive cars. My dad says that a bad golfer with nice equipment is still a bad golfer. However, even though it is true that the finest suit will not make you a good lawyer, there is still a certain threshold of acceptable appearance that is expected of you.

Throughout your career, you will see attorneys who should immediately be reported to the Legal Fashion Police. The most extreme example is