THE STANKOWSKI REPORT #9: Ten Things Every New Associate Needs to Know

by Stan Stankowski

Allow me to explain a few of the basic things that any associate should be aware of going in. I am just now noticing them, and they are extremely helpful and make the whole thing a lot more pleasant. The problem is that no one remembers to tell you these things, because it does not even occur to them that you might not know them. You would never think to ask, because you probably do not know what they are. This will inevitably result in some confusion. Be that as it may:

1) Apparently, you cost too much to waste your time copying things. Don't do it. They will yell at you.

2) You really can bill for thinking about things. In fact, it is demanded. This is a difficult concept to deal with initially, after all, who the hell gets paid for their thoughts?  Well, you do. Do the clients know this? Of course not, to them, we are "Strategizing." Similarly, clients never pay for "meetings"  or "discussions." Instead they pay you for "working with X. Attorney regarding discovery issues."

3) You don't need to worry about this next thing at all, especially not for a few years, really, don't even trouble your pretty little head about it. However,  there is a thing called a realization rate. This is the amount of time that the client is actually billed for as opposed to how much you really spent. Eventually, you will need to get it up to about 94%.  But not right now. (Stan:"Really, because you have mentioned it like five times in a row, shouldn't I be worried about it now."  Any partner: "Ohhh no, not at all.  Still, its not good to write to much time off.  Not that you have to worry about it.")

4) Associates who are in their seventh and eighth years are not your friends.  They are not anyone's friend. They are mean and devious. This is a result of being too expensive and old to lateral and a constant fear that they will not make partner, coupled with the pressure of a wife and three kids and a mortgage. It isn't their fault. Really.

5) Remember in your interviews and when you were a summer associate and they all said that "X firm is different. We want you to take vacation, all of it. We believe in lifestyle"? That was neat wasn't it? Guess what, they lied.

6) You have a legal assistant for a reason. Again, this is awkward ...since when do you get to tell people what to do? Since now. Get used to it. They help a lot. Also, have a personality, it helps even more if they want to work for you.

7) Remember when you were a summer associate and once a week or so, generally on a Friday you would go to lunch and everyone would have a drink? Maybe two? I am glad you remember that, because it will never happen again.

8) It is impossible to overestimate the value that a wide variety of free beverages brings to your firm. Do not work at a place that makes you buy them.

9) As soon as you figure out how, put an outgoing message on your damn voice mail. Change it when you are out of the damn office. Otherwise, they will yell at you.

10) You know that really keen causal dress policy? The one that was implemented because our "clients dress that way, and we want them to feel comfortable"? Here is a clue. For the first few years, your client is the partner you work for; if he or she wears a suit every day, do you really think it is wise to wear jeans on Friday?

About the Author: Stan Stankowski is the pseudonym of a first-year associate working in a litigation firm somewhere in the South. For more details, read his introductory post, as well as Evan Schaeffer's introduction. The collected Stankowski Reports are here.

Comments

[Eh Nonymous]

Man, ain't that the truth.

[dgm]

were this a post on eleven things, i'd add: "the firm provides a shower/changing room, a catered thursday night meal, and drycleaning pick-up as a convenience. we want to make you feel at home, because frankly this is where you will be living now."

[Cyrus]

So, dumb question: What does a legal assistant do?

How do I know when I should ask them to do something, and when I should do it myself?

[David]

Great post, Stan. These heretofor unwritten rules of the road are key.

As to the question about how to know what to give a legal assistant, there are two ways to look at it: (a) everything he can handle and/or (b) anything you, personally, would be irritated to pay $200+ an hour for someone to do. For the most part, these two tests come to the same result. As much as possible, one should ask a legal assistant to perform the tasks that do not require legal training and/or legal judgement.

In other words, filing, copying, printing/addressing/sending letters (be sure to proof, though!), entering time, calendaring/docketing, formatting documents like pleadings, if within the assistant's normal experience, even (depending on the assistant) retrieving cases or Shepards reports by citation off of Lexis/Westlaw (not really legal searching, just "could you get me 234 U.S. 123, please?"). If you can find an assistant who is good at proofing, heap piles of gold at her feet.

A much harder call, it seems to me, is when to use a (non-billable) legal assistant vs. a (billable) paralegal. I don't work much with paralegals, so I'll defer to someone else on that.

[boo42]

Stan -- Good advice on when to use your legal assistant. I was one at a big firm before I went to law school. We didn't differentiate between legal assistants and paralegals; everyone billed out, and a fairly high rate ( the lower end was around $125.) Most legal assistants/paralegals at the larger firms can definitely handle pulling cases off Lexis or Westlaw. Don't underestimate them; a lot of them are straight out of college, like I was, and biding their time before moving on to something bigger and better. And definitely, definitely be really nice to them, because they can sabotage you big time if they don't like you or you are a pain in the *ss, especially if they also work for more senior people as well. Your work can easily end up on the bottom of a huge pile if you don't make them like you.

[Brian]

Rule #1 is pretty funny. At my old firm, junior associates were encouraged to be copy machine jockeys precisely _because_ they could bill more than paralegals. You just couldn't call it "making copies." One week I actually billed something like 20 hours for making copies, and wrote it up that way as a desperate cry for help. The partner never said a word. Presumably my description was edited before the bill was sent to the client.