From my own experiences practicing law, I have come to understand that attorneys (and probably most other people) hate taking suggestions. I have seen time and again throughout my career attorneys expressing how they welcome constructive criticism, and then witness negative replies in response to any suggestions. I guess it is just natural that people like to think that they know what’s best, and hate to hear an opinion that counters their viewpoint.
At many of the firms at which I worked, partners were usually unwilling to hear suggestions from their associates. I can understand why senior attorneys would not care about what junior lawyers think about a given matter. Indeed, more senior attorneys typically know more about the practice of law, and the strategies that can be implemented to help a client. However, as the old adage goes, two (or more) heads are better than one, and many partners would be better off listening to their associates more often when it comes to strategizing about legal matters.
I remember one time, when I was working at a Biglaw firm, the boss wanted us to file a completely new legal action to resolve an issue involving a pending matter. Even though I had not been practicing law for too long, I could tell that this was a very bad move.
No one on my team seemed to realize that our plan was doomed to fail, and everyone had a serious case of “go fever” when it came to this strategy. I tried talking to a junior partner about all of the downsides of our plan, but he just dismissed me and seemed peeved that I would even question our strategy. In any case, the plan blew up in our faces, and had the partners listened to me, we could have avoided a lot of heartache.
Sometimes it also pays for partners to listen to associates because junior attorneys more recently took the bar exam and attended law school. Remembering additional black letter law can sometimes be extremely important when making arguments and deciding on strategies.
Several years ago, I was assigned to a case involving an individual who was the victim of an intentional tort. I was tasked by my boss with drafting and filing an answer in the case. However, when I read the complaint, I realized that the case had been filed several months after the statute of limitations for the cause of action had expired!
My boss did not remember what the statue of limitations was for intentional torts, since you’d be surprised how few cases in the real world involve battery, assault, and the like. However, since I had taken the New York bar exam a few years prior (back when the New York bar exam tested New York law!), I was familiar with the relevant statute of limitation. We ended up getting the case dismissed, and sometimes it pays for partners to listen to associates, since junior attorneys are more familiar with certain legal standards.
Of course, more seasoned lawyers also have a wealth of knowledge based on their additional experience practicing law. The first time I ever heard about spoliation, law of the case, and a number of other topics is from veteran lawyers who were familiar with common litigation strategies. However, it is also important to recognize that novice attorneys, by virtue of the fact that they more recently took the bar exam and attended law school, might also have certain strengths as well.
It is worth pointing out that the insights newer lawyers have about practicing law extends farther than better understanding certain legal concepts. Newer lawyers are far more likely to have worked at a number of different firms early in their careers. Even though many attorneys used to stay at one firm for decades, numerous novice attorneys now move from firm to firm in search of better opportunities at the beginning of their careers.
Since novice lawyers are sometimes more likely to have experiences at different shops, they often have important insight about firm management. For instance, some firms at which I worked had state-of-the-firm meetings, and one had a partner-associate committee that was a great way for associates and partners to talk about issues that arose at the firm. I told partners at other firms about these aspects about some of the firms at which I worked, and some of my other bosses adopted certain practices that I mentioned. These suggestions seemed to help my later firms, and I was happy that I discussed my experiences at other firms with later bosses.
All told, many partners might think that the fact that some novice associates are new to the legal profession is a liability rather than an asset. However, the fact that newer lawyers more recently studied for the bar exam, or have different perspectives, could be an asset to a law firm. As a result, partners should listen to their associates more in order to best serve their clients and improve their firms.
Jordan Rothman is the founder of Student Debt Diaries, a personal finance website discussing how he paid off all $197,890.20 of his college and law school student loans over 46 months of his late 20s. You can reach him at Jordan@studentdebtdiaries.com.
http://lawyernews.nichesite.org/partners-should-listen-to-their-associates-more/
LucyLAW 