In the context of your own professional staff, administrative assistants and paralegals with whom you work are essential teammates in producing successful results for the client.  As a brand new lawyer they frequently know more than you will.  Additionally, the partners and more senior attorneys for whom you work often ask for and value the opinions of the support staff about new lawyers. 

Similarly, a new lawyer should never disrespect the clerks and support staff who work for opposing counsel or the judges in front of whom you are appearing.  Again, many judges seek out and respect the opinions of their clerks and support staff about the lawyers appearing in front of them.  How you treat those relationships will say a lot about you.  Rude or disrespectful behavior towards the judge’s clerk or support staff not only harms your professional reputation but can get you into a lot of trouble.  Minnesota Lawyer newspaper reported one such cautionary tale last week.  You can read about in week’s bar buzz (the link to the online story is accessible to subscribers only).

 A local public defender found herself in contempt of court after ignoring a judge’s instructions that had been relayed through the judge’s clerk.  This lawyer took the position that she only needed to respond to orders from the judge himself not orders from the judge’s clerk.  Further compounding the situation was her rude behavior toward the judge’s clerk including turning her back and leaving the courtroom while the clerk was still speaking with her.

 The behavior described in the Minnesota Lawyer is foolish for a number of reasons.  First, and most importantly, the lawyer’s behavior was rude and disrespectful in any context not just in the context of a court setting.  There is simply no good justification for treating anyone involved in the legal system with contempt or disrespect. 

From a practical standpoint this lawyer has now severely damaged her reputation.  After the incident happened there was an e-mail exchange amongst all the judges’ clerks in this particular county describing the lawyer’s behavior and the judge’s response to it.  One suspects this lawyer’s credibility is now damaged when appearing in front of any of these judges or clerks in the future.  Now that the situation has been reported by Minnesota Lawyer the lawyer’s reputation has also been impacted throughout the Minnesota legal community.  For the lawyers in town who have never met the public defender, this is now their first impression of her.

As St. Thomas students prepared to enter the profession I hope they are continuing to recognize the power of relationships.  I also hope they are recognizing that the power of relationships is a double edge sword.  We should hold ourselves to the highest standards and seek to cultivate healthy, respectful professional relationships with all the different people we encounter in our profession.  The power of building those positive relationships will open doors and lead to a number of opportunities.  Those who fail to conduct themselves at the highest standards, however, may find that the power of relationships creates a powerful barrier to overcome.

 Once you have done some of the experiences that seem obvious to you I would recommend you debrief with your mentor about how you can better prepare yourself to succeed in our profession.  Ask your mentor this key question: What are a few things that you most wish lawyers entering your practice area knew or where prepared to do?  That question opens the door to the mentor sharing her wisdom about what is going to be most essential for the practice area.  The advice may be something you have not thought of before such as the need to generate your own clients or business in that particular practice area. It may be a skill set that you can acquire during law school by taking something like trial advocacy. It may be working on your writing skills, or a specific type of writing skill. This is your opportunity to get the inside scoop from your mentor that can put you ahead on the path of professional success.  Take advantage of the opportunity by asking the question and talk about the answer you get.  Now that you know which skills your mentor views as essential for professional success, begin building some additional mentor experiences or debriefings around understanding and acquiring those skills.  Plan out the rest of your year to see and practice the skills or experiences your mentor just outlined.

 Many of the protégées in our program prefer to use e-mail as their primary method of communication.  In fact, fewer and fewer people even have a home telephone.  If all you have is a cell phone and you are worried about how many minutes per month you are using it, you are less likely to think of your phone as a primary communication method and certainly not as likely to give your phone number to a wide range of people.

Many mentors, on the other hand, prefer phone as a primary communication method.  Certainly, e-mail use is continuing to increase but mentors who prefer the phone or face-to-face or less likely to offer a detailed response to an e-mail.

 An additional problem with using e-mail as a primary communication tool is the sheer volume of e-mail that gets transacted during the business day for both mentors and protégées.  It is easy to lose track of an e-mail that at first read was prioritized as something to deal with later.  Further, businesses are becoming more and more restrictive in how they filter out potential spam.  Sometimes a mentor needs to authorize receipt of e-mails from a particular domain before it will even appear in the inbox.

All of this can lead to delayed or missed communication between mentors and protégés.  Communication concerns between protégés and mentors are one of the key problems I am asked to help students resolve.

 So what are some helpful strategies for overcoming communication challenges?  First, pick up the telephone.  If you are not getting a response to your e-mail it may be because either your mentor is not proficient at managing the e-mail volume he or she receives every day, or, more likely, for some reason your e-mails are not even go through picking up the phone is a great way to resolve that issue.  Give your mentor a call and set up your next meeting on the telephone.  When you get your mentor on the phone be sure to confirm whether your mentor is in fact receiving your e-mails.  If your mentor is not receiving your e-mails find out what steps need to be taken so they go through.

 Next, never underestimate the power of your mentor’s support staff.  If you are having trouble connecting with your mentor via e-mail or telephone contact the main receptionist at your mentor’s place of employment and ask to speak with your mentor’s administrative assistant.  When you get the administrative assistant ask to schedule a specific time for a telephone conference with your mentor.  That ensures an end to the game of phone tag by guaranteeing that your mentor is expecting you to call and at his or her telephone to make the connection.  With your mentor’s permission you may also consider to ask his or her administrative association for a preview of upcoming events on your mentor’s calendar.  That way when the telephone conference occurs you can identify some upcoming things you would like to do with your mentor eliminating some of the back and forth when trying to schedule.

 Finally, if you are still having trouble establishing good communication lines with your mentor take advantage of the administrative support that a formal program like ours as to offer.   A successful formal mentor program is like a three legged stool.  The administration of the mentor program is the third leg of the stool and is there to help.

First, when PepsiCo received a letter about the law suit, the letter was put aside because the office was busy preparing for a board meeting.  Of course, prioritizing matters during difficult times is a reasonable and necessary skill.  What stands out here, though, is that after the letter was set aside it was forgotten until the default judgment arrived.  The situation sure sounds like Prof. Organ’s post about the explanation students provided for their late journals.  Prioritization without organization can lead to disaster!  If you need to set something aside to deal with a greater priority it is essential that you have a good organizational system to make sure you do not lose track of what you set aside.

The second thing that stands out here is that, like individual lawyers, organizations need to have good organizational systems to make sure nothing gets lost.  Part of that process is making sure that everyone in the office is one the same page.  Assuming the Yahoo article is accurate, a lawyer’s administrative assistant made the decision about what to do with letters and other documents in the law suit. It is not clear who, if anyone, was supervising those decisions or if the administratvie assistant told anyone about the letter.  We lawyers are responsible for the actions of our support staff.  As a result, it is incumbent upon us to make sure that we are clearly and effectively communicating our expectations about organizing things.  Here it does not seem like there was a good system of institutional organization to keep on top of the case. 

It is too early to say how this case will resolve and none of us have enough information to evaluate the merits of the underlying law suit.  It is another good example, though, of why law students (and lawyers) should always be evaluating their systems of organization and looking for ways to improve.  The costs of mistakes can be huge!

One student noted that he had planned on completing it on Friday (when it was due), but had a surprise visit from an out of town guest he had not seen in a couple of years and in the midst of that activity forgot to finish the reflection journal.  He further noted (with great candor) that he tends to put assignments for his other classes in his calendar because he views those classes as being more important than the mentor class (which only meets four times per semester and is graded on a pass/fail basis).  In my reply, I noted that what happened really demonstrates the importance of putting everything in the calendar.  “You wouldn’t create a tickler file for just your five most important clients and deal with your less important clients ‘on the fly.’  That is a recipe for disaster and malpractice claims.  Recognizing that other classes/papers loom larger doesn’t mean that mentor assignments don’t belong on your calendar.  (Indeed, one could argue that the least important things are the most important to put on your calendar because you are less likely to remember them generally.)”

One had planned on getting the reflection journal done either on Thursday or Friday, but ended up getting sick and simply did not check his calendar to see whether any tasks needed to be completed on those two days.  This prompted me to note in my response “that even when you aren’t feeling well, you need to at least check your calendar to see if there is anything due for which you need to just sit down and get it done.”  In discussing this situation briefly with someone else, she noted that another alternative is to check your calendar and see if you can offload work that has to get done to a colleague who might be able to cover it for you (something that obviously would not be helpful with respect to the reflection journal, but could be helpful in practice).

This student also noted a point we had discussed in class — that “dropping the ball” as a student frequently results in consequences only to the student who drops the ball, but that poor time management in practice imposes external costs on others, either the client (for whom the work product may not meet your normal standards of excellence) or a lawyer’s family who may miss out on having time with the lawyer who has to stay at work to finish projects that weren’t scheduled appropriately.  The student said:  “As I have grown older and more experienced, I’ve become much more aware of how my missteps affect other people.  When I was young, dumb and arrogant, I was very wrapped up in myself, and not that worried about others, so flying by the seat of my pants suited me just fine.  But now, I’m really disappointed when I create more work, or inconvenience others through my mistakes or disorganization.  You mentioned several times in class that when you are married and have a family, your poor time management affects your spouse and children - I believe even if you are single, your poor time managment affects others…just as my missed deadline this past week is going to cause you to review mentor journals at a time you didn’t intend.  I apologize and will not let it happen again.”

 These are simple but powerful lessons and bring home one of the values of the mentor externship program.  Not only do we introduce students to a variety of essential skills for successful lawyers, but we also frequently discover some true teachable moments in the midst of our dialogue.

Friends –

Following our conversation last Wednesday, this came across in the ABA Journal Weekly Newsletter (which I receive by email).

http://www.abajournal.com/weekly/check_e-mail_hourly_quinn_partner_says_unless_in_court_in_tunnel_or_asleep

The comments raise several interesting points worth thinking about regarding other ways to handle this situation (e.g., could the partner have called, or sent a reply requested email, or sent a text message to get confirmation that the associate got the message?).   The article and comments also raise interesting questions about where the profession is at the moment in terms of a client-centered service model.  I met last night with a classmate of mine from college who is a name partner in a small, very successful litigation boutique in Ohio, who informed me that 24/7 accessibility is frequently the world he lives in (partly because he has clients in several time zones). He lamented something noted in several of the comments — that “wisdom” and “judgment” are not as easily available when immediate or prompt responses are the norm.

As you consider the importance of time management, efficiency, and the consequences of technology, I simply would encourage you to reflect on whether you can establish client expectations that allow you to be 12/6 rather than 24/7. There is a lot to chew on here.

Peace – Prof. Organ

A top client complaint is lawyers failing to diligently pursuing their cases.  If you don’t manage your time well it can be easy for things to fall through the cracks, or worse simple not making the time to do the work you are supposed to be doing.  A good example of how costly this lesson is can be found here: http://www.abajournal.com/weekly/law_firm_to_pay_1.5m_to_settle_claims_that_ex-associate_dropped_cases . Whether the failure to pursue a matter is the result of procrastination or being overworked, improving time management and organization skills will help students meet the minimum standards of our profession and avoid this type of complaint. 

 Further, poor time management often leads to other careless mistakes. If you do not leave the time to review a pleading before it is filed you may miss embarrassing typographical errors that really detract from your professional reputation. Worse, you could even miss a bigger mistake that leads to serious sanctions as happened here: http://minnlawyerblog.com/2009/10/23/slip-up-in-federal-filing-leads-to-5000-sanction/ .

 I also see time management as a part of an aspirational part of professionalism.  Good time management produces better client service.  It leaves more time for your clients to review something before it is filed or sent out. If you are a brand new associate, good time management provides more time for the partner supervising your work to review it before it has to go out the door.  Good time management and organization helps you manage your client relationships by ensuring you have been in contact with them on a regular basis.

 More importantly, effective time management and organization frees up additional time for other things.  If you can handle your case load more efficiently then you can use the extra time in a way that is consistent with your values.  For some people perhaps the extra time can be invested into additional work or time billed.  However, for many the additional time could be used for something else.  Lawyers frequently complain that they do not have enough time away from work for their families, families, or own personal health.  Better organization and improved efficiently can create that time.  Lawyers often put off pro bono work claiming they do not have time to take on non-paying work while managing their other files.  Better efficiency and time management could yield the time needed to invest in pro-bono work that gives back to the community.

My theory is that managing your time well is like managing your money well.  If you could better manage how you spend your money to reduce expenses by $100.00 then you get to spend the money however you like.  If you can better manage your time to free up an extra hour during the week then you get to choose how to spend that hour.  Who wouldn’t want that?

Part of the essay describes layoffs at New York law firms.  Friedman explains that the lawyers who are being laid off are the ones who just show up and work on what it is handed to them.  He goes on to note how lawyers with “the ability to imagine new services, new opportunities, and new ways to recruit work were being retained. They are the new untouchables.”  In the rest of his article Friedman goes on to note how it is not enough to have intellectual gifts in our new economy.  Instead, the new economy values those who combine intellectual gifts with managing relationships and an entrepreneurial spirit. 

It is interesting to note the parallel between what Friedman is writing about from an economic perspective and what the Carnegie Report identifies from a professional formation perspective. Both identify the importance of relationship management and relationship skills to professional success.  In other words, IQ is no longer enough for professional success. We have to evaluate how to teach and develop EQ skills for the next generation of lawyers.

At the beginning of my sections of mentor externship I tell students that the mentor externship class sessions are less about IQ then EQ.  Often that is frustrating for them.  Some of the topics we cover seem obvious and less important than other parts of their law school education.  However, the Carnegie Report and Friedman’s column support what we are doing in the classroom section. Every time we help advance our students recognition and understanding of relationships we are improving their odds of professional success.

(added 10-29-09)

I should also have included a reference to an article by my colleague Prof. Neil Hamilton.  In the article he describes recent  research on the range of skills needed for professional success.  As you can see from the list, many of these skills are relationship skills that mirror what Friedman is writing about.  You can read Prof. Hamilton’s article here: http://www.stthomas.edu/ethicalleadership/resources/publications/Minn_Lawyer_professional_effectiveness.pdf.

Developing a Map

The Personal and Professional Development Plan (PPDP) that every student completes with his/her mentor is a great guide to starting off your mentor relationship, but it need not encompass the entirety of the relationship.  Think of the PPDP as a starting point: it provides some specific examples of experiences you want to see, as well as an overall objective/mission for what you want out of the mentor experience.  As you go through the year, however, you should be at least mentally cultivating a more comprehensive map out of what you want from your mentor experience.  For instance, let’s say that on your PPDP, you listed an arbitration and a mediation as two experiences you want this semester with your mentor.  During the arbitration, one lawyer brings up a witness deposition.  The idea of a witness deposition sparks an interest in you and you want to see one.  After the arbitration, when you discuss or debrief the experience with your mentor, you can ask to see a deposition. 

Utilizing your Mentor’s Network

Your mentor may or may not have a witness deposition on schedule in the near future.  If not, you can always ask your mentor to ask colleagues if you may accompany them to a deposition.  Mentors commonly make such requests of their colleagues, so be assured that this is a normal practice that does not violate the one-on-one relationship with your mentor.

Another great way to utilize your mentor’s job network is to make a good impression on your mentor’s colleagues.  Get to know them, be friendly and interested in their work.  Making a good impression makes you memorable, and that many more people will now know you, remember you, and hopefully recommend you.

Capitalize on Opportunities

Your mentor may have new experiences for you that were not originally on the plan: a recently scheduled motion or new client meeting, for example.  Attend as many of these invitations as possible, even if they do not sound initially wow you or fit on your larger map.  You never really know if the experience is interesting unless you give it a try, and by attending more experiences, you increase your knowledge of the lawyer’s role in general.

Another great reason to accept these invitations is that, by doing so, you express your enthusiasm for the many wonderful opportunities your mentor has to offer.  By attending these experiences and showing this enthusiasm, you are more likely to receive more invitations in the future.  If you cannot attend one of the events, explain to your mentor that you have a scheduling conflict and express your sincere gratitude for the invitation.  This way, the mentor understands that you are interested next time an opportunity arises.

Do More

Just as the PPDP is a starting point for the experiences on your map, the program requirements are a starting point for how much you can do with the opportunities offered to you through the program.  A lot of us, myself included, start off the mentor relationship looking to complete the minimum number of hours and the minimum number of experiences.  When I started this year, however, my mentor asked me if I wanted to meet every other week.  At first I was very apprehensive about this invitation because I thought that there was no way I could fit it into my schedule.  I realized, however, that we would only be meeting once every two weeks for an hour or two at most, and this would allow me more exposure and experience. 

I know that, as a 1L especially, the prospect of an extra two hour meeting every other week can seem somewhat daunting.  But if you look at it from the standpoint that these two hours provide you real-world application to the concepts you are learning in your courses, then it is easy to see how the time can be beneficial and even give you an edge come exam time.  During 2L and 3L years, you are still busy, but you have more flexibility and control over your schedule.  Although 2L and 3Ls tend to be more involved in other activities, they should also realize the great opportunities of the real-world experience a mentor can provide.  By spending more time with your mentor, you develop more trust and increase your professional exposure and skill set, and from there, who knows?

 While these techniques may seem simple, they can go a long way towards building a great relationship with your mentor.  By making the most out of your mentor relationship, you are not only making yourself a better student, you gain special knowledge and build key relationships that will help you achieve that final goal of attaining a job after graduation.

Certainly networking is a part of mentoring relationships and the opportunity to get to know lawyers and judges in our community as well as be introduced to their professional contacts is a benefit of the program.  However, it is important for students to keep the focus on the primary goal of their professional development.  Importantly, as we emphasized in the class on building a constellation of mentors, protégées have to take responsibility for getting the mentoring that they need by talking openly with their mentors about mentoring functions.  If the student feels like his or her relationship in the program is only networking then the student should invest some time and reflection into the other mentoring functions their mentor can provide. It would be a shame not to take advantage of all that a mentor can offer!