Ambrose Bierce

Litigant: a person about to give up his skin for the hope of retaining his bone.

Litigant: a person about to give up his skin for the hope of retaining his bone.

– Ambrose Bierce –

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WIlliam R. Keates

I also quickly came to appreciate the importance of watching what’s said around clients. When clients make unexpected requests for legal advice – as they often do – I learned that it was better to tell them I’d get back to them with an answer, and go away, research the question, and consult with a supervising attorney, rather than firing back an answer off-the-cuff.A friend of mine at another firm told me a story that illustrates the risks of saying too much. It seems an insurance company had engaged my friend’s California-based firm to help in defending against an environmental claim. This claim entailed reviewing huge volumes of documents in Arizona. So my friend’s firm sent teams of associates to Arizona, all expenses paid, on a weekly basis. Because the insurance company also sent its own lawyers and paralegals, as did other insurance companies who were also defendants in the lawsuit, the document review facility was often staffed with numerous attorneys and paralegals from different firms. Associates were instructed not to discuss the case with anyone unless they knew with whom they were speaking.After several months of document review, one associate from my friend’s firm abandoned his professionalism and discretion when he began describing to a young woman who had recently arrived at the facility what boondoggles the weekly trips were. He talked at length about the free airfare, expensive meals, the easy work, and the evening partying the trips involved. As fate would have it, the young woman was a paralegal working for the insurance company – the client who was paying for all of his “perks” – and she promptly informed her superiors about his comments. Not surprisingly, the associate was fired before the end of the month.My life as an associate would have been a lot easier if I had delegated work more freely. I’ve mentioned the stress associated with delegating work, but the flip side of that was appreciating the importance of asking others for help rather than doing everything myself. I found that by delegating to paralegals and other staff members some of my more tedious assignments, I was free to do more interesting work.I also wish I’d given myself greater latitude to make mistakes. As high achievers, law students often put enormous stress on themselves to be perfect, and I was no different. But as a new lawyer, I, of course, made mistakes; that’s the inevitable result of inexperience. Rather than expect perfection and be inevitably disappointed, I’d have been better off to let myself be tripped up by inexperience – and focus, instead, on reducing mistakes caused by carelessness.Finally, I tried to rely more on other associates within the firm for advice on assignments and office politics. When I learned to do this, I found that these insights gave me either the assurance that I was using the right approach, or guidance as to what the right approach might be. It didn’t take me long to realize that getting the “inside scoop” on firm politics was crucial to my own political survival. Once I figured this out, I made sure I not only exchanged information with other junior associates, but I also went out of my way to gather key insights from mid-level and senior associates, who typically knew more about the latest political maneuverings and happenings. Such information enabled me to better understand the various personal agendas directing work flow and office decisions and, in turn, to better position myself with respect to issues and cases circulating in the office.

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