LATERAL LINK

If the past three years have taught us anything, it’s that no Biglaw associate is completely recession-proof.  No one was safe when the axe started to fall – not even the big billers or those considered the “good” associates.  Law firms laid off attorneys in all class years, but junior associates were hit particularly hard.  Perhaps you’ve wondered what, if anything, you can do to set yourself apart from the rest of the pack if the economy took another turn for the worse. 

We talked with Biglaw attorneys who survived the Great Recession as junior associates and have come up with five strategies to help you become indispensable to your firm.

1. Take ownership of winning your case or completing your deal.  Of course, the ultimate outcome of any case or deal is the lead partner’s responsibility.  But the point of taking ownership is to think like a partner, and demonstrate that you are committed to getting the best result for the client.  This involves much more than simply doing a good job on the tasks you are assigned.  Taking ownership of your case or deal requires you to first understand the case or deal as a whole, and then actively think about how every part relates to the big picture.  So, for example, even if you are stuck doing doc review or due diligence, approach these tasks with an eye toward spotting the important issues that will help prove the theory of the case, or that your client would want to know about the company it’s buying.  And then don’t be afraid to bring up those issues to the partner or senior associate to get his or her thoughts.

One simple way you can show ownership of your case is by familiarizing yourself with upcoming deadlines on the docket or transaction checklist.  While it may be a secretary’s job to send out reminders about important deadlines, it is not his or her responsibility to determine how the work will get done on time.  By familiarizing yourself with the docket, you can help identify tasks far enough in advance to minimize any last minute fire drills.  Although all tasks won’t be clearly spelled out on a docket or a transaction checklist, it can help you anticipate the next steps.  For example, a junior litigation associate should jump at the chance to review interrogatory responses soon after receiving them from the opposing party, and begin preparing a motion to compel if the other side refuses to provide substantive answers.  If you do come up with new tasks or discover any unassigned tasks, first check with a partner to make sure that no one else is currently working on those tasks, and then volunteer to complete them yourself. 

The most difficult part of taking ownership of a case or deal is the willingness to work long hours when needed.  No one will believe you really care about your case/deal if you consistently leave the office at 5 p.m. while everyone else on your team burns the midnight oil, or if you take a vacation at a crucial time during the case/deal.  So be prepared to put your vacation on hold again, and be willing to pull all-nighters for several consecutive days or even weeks.

2. Become an expert in something.  It’s actually not as hard as it sounds.  All it really takes is for you to first spot a timely issue in a case, or a unique development in a practice area or a type of transaction.  Then seek out guidance on the topic from a senior associate or partner, but be sure the topic hasn’t already been covered in another article.  Next, utilize some of your non-billable time to do some additional research, and finally, write a publishable article.  Even a junior associate can manage that.  If you’re just starting out, the narrower the issue or development the better; trying to tackle a legal behemoth may end up being counterproductive.  And you’re not only limited to developing expertise in legal areas.  It can be beneficial to your firm if you develop expertise in your client’s business or, if your firm has a patent practice, to develop expertise in a technical area.  After becoming sufficiently knowledgeable in your area of expertise, make sure to keep up with the latest developments.   Whenever an attorney at your firm or a client has a question related to that topic, you will be the firm’s go-to person.

3. Be a good manager.  Even as a lowly first-year associate, you are expected to be a manager of the secretaries and/or paralegals, some of whom may have decades of experience under their belt.  The key to getting them to do more work for you and to be committed to getting you the best results is to treat them with respect. Also, be sure to show your appreciation often, reward them when they do an exceptional job, and own up to your mistakes.  This will help free up your time to focus on doing quality billable work – and doing a lot of it.  Plus, learning how to be an effective manager early on is good practice for when you become more senior and manage your own team of junior associates – a skill that your firm will evaluate when you’re up for partner. 

While there is such a useful skill known as “managing up,” you want to be careful not to cross the line and be perceived as managing the more senior associates.  For example, even if creating and/or updating the team’s agenda is your job, don’t be a taskmaster by hounding your team members about getting their tasks done and assigning new tasks to everyone but yourself.  An alternative is to send the proposed agenda to the case managing partner in advance of the team meeting, and then allow that partner to run the task list.

4. Know the local rules of court and the judge’s chamber rules.  For corporate attorneys, generally knowing the Securities Act and Exchange Act rules is usually enough to get by.  By contrast, litigators not only need to be familiar with the Federal Rules of Civil Procedure, but with the varying local rules of court and the judge’s chamber rules as well.  Unfortunately, many litigators assume that these rules are just minor ones about timing and page length, so they tend to rely on their secretaries and/or paralegals to know them.  While secretaries and paralegals can certainly be helpful, as a junior associate you should take it upon yourself to always double-check the rules.  You don’t want to make a costly mistake or have your case dismissed, because you failed to comply with what you thought was some insignificant rule. 

For example, whether or not communication is privileged between counsel and witnesses during deposition recesses varies from court to court.  You may inadvertently waive attorney-client privilege by talking to your witness during a deposition break, simply because you didn’t bother to check the local rules.

5. Develop relationships with the clients. As a junior associate, you’ll want to begin building relationships with the more junior people you work with outside the firm, e.g., your clients’ in-house counsel and associates at private equity firms.  Being responsive, friendly, communicative, able to chat with them for a minute or two – basically, getting them to remember that they like working with you – can go a long way.  As you (and they) become more senior, having good, established relationships with them will help you bring in business in the future.