What does it take to practice law. Do you have the right stuff?
Attitude:
The business of lawyering requires the same attitude as that
of any new business enterprise. It is often said that attitude is in fact the
most essential ingredient. You must have the desire to succeed. Being a business
owner is different than being an employee. Some people make better employees. A
simple but honest self assessment should tell you whether or not you really
want to practice law as an owner, partner or rather as an associate/employee:
1. Do you have a passion for legal work?
2 Are you comfortable making
decisions?
3 Can you be creative and innovative?
4 Do you have the discipline to
work on your own?
5 Are you willing to continue
learning in your field?
6
Do you have confidence in yourself to succeed?
7
Are you optimistic about the future of your business?
8 Do you know your personal, financial and
spiritual needs?
9 Do you know your personal and family goals?
10.Do you have the desire to succeed?
The objective in the practice of law is also to be happy at
it. In August 2011 my article called “Can Lawyers Learn to be Happy “was
published by the Ali-ABA. It is available free on the internet and here on this blog. Perhaps it
should be read before going any further.
Personal attributes:
Problem Solving:
Perhaps there are as many types of personalities practicing
law as there are in any other field. Unfortunately 52% of the lawyers in
practice, say they are unhappy. This may mean they simply do not have the
personal attributes for the practice of law. In order to practice law, the new
lawyer must realize that his clients are retaining him in most instances to
solve a problem. He must be a good listener, sociable and patient. Part legal wizard
and part psychologist. Lawyering is a helping profession. Solving the client's
dilemma must be personally satisfying to the lawyer as well. Those who enter
the profession to simply make money should rethink the prospect. The national
average for income for lawyers is well below that for many other professions
and hovers somewhere around $75,000. If it is money you are after, consider a
career in sales selling something other than legal services; preferably
something large, like commercial real estate.
Confidence:
Most of the lawyers I have ever worked with who I believe
would consider themselves successful, would also score high on the confidence
chart. Clients are not inclined to follow lawyers who do not seem to be
leaders. There must be an almost fearlessness in the face of questionable legal
issues. The client is seeking an advocate in many cases, a clear explanation
and a plan of action to resolve their legal issues. The business of lawyering
is not about responding to client questions as you would on a tort or contract
law school exam. While your professor there may have been interested in you
turning up every possible legal issue, clients are not interested in the esoteric
a of the law but rather answers to their particular problem. Those answers must
be provided in a clear, confident and understandable fashion. We must remember
as lawyers, that we are selling an intangible. If the advice rendered does not
seem to be of value to the client disappointment and resentment may follow.
Along with confidence comes the ability to distinguish
between true emergencies. I once worked as an associate for a lawyer who seemed
to contrive his emergencies on Friday afternoon, guaranteeing a Saturday work
schedule. It took me a while to realize that his sounding the alarm bell was
simply his personality trait more than the demands of clients. Having a cool
head under fire is certainly desirable. Right now, take a look at your
fingernails. If they are bitten to the bone you may not have the right stuff
for the practice of law and be happy at it. Perhaps when you were growing up,
you were told that your argumentative nature would make you a natural candidate
for the practice of law. This advice was most likely given by a non-practicing
lawyer. An even temper without rage creates an atmosphere of success; that
argumentative nature only leads to arguments. One must be firm and confident,
not a bag of hot air. Remember the practice of law is a marathon not a sprint.
Many try the practice for a few years, and then simply give it up.
Work Experience:
The practice of law draws people from most all academic
majors. No particular college study necessarily prepares one for the practice
of law. Having somewhat of an exposure to accounting and taxation or law for
the small business owner may be ideal, but often these courses do not fit into
the curriculum for a liberal arts degree at most colleges. And it is from the
liberal arts colleges, where most lawyers hail.
Some types of prior work experience are ideal for the
practice of law. Being a clerk for a popular judge in the state or federal
courts can give one a leg up in understanding litigation practice. Being a
summer clerk in a law firm practicing in an area of your interest can also
help. These days, given the limited number of employment opportunities for
lawyers as associates volunteering one's services to a law firm may get you in
the front door. Even lawyers cannot resist the word free. There is also
government service as an excellent intro into private practice. My own
experience as an IRS agent and after law school, IRS District Council attorney was
invaluable in creating a niche practice in the IRS tax dispute area. If all of
these suggestions are beyond your reach consider that even being a camp
counselor can be of value. In such a role, people are following your advice and
you are learning how to give it. Obviously, no job experience should bring you
in conflict with the law and a possible negative review by a character
committee in your Bar Association.
The practice of law involves “branding”. So there may be
some issues as to prior work experience. For example: if yours will be a local
town practice being remembered as the clerk in a liquor store or a gas
attendant may somewhat diminish your being viewed eventually as a successful
attorney.
Love of Learning
The educational requirements for the practice of law should
be clear by now. You have figured your way through law school, past all the
necessary tests and have been admitted to a bar association or two. That shows
you have the talents and skills to learn. But the real question is whether you
love learning. The practice of law, unlike law school, has no final exam. It is
a continuing research project. And unlike law school, the decisions you make
will affect the lives of others, including your own.
It is true that some areas of the law can be reduced to a
mechanical operation. In years gone by, law offices, which specialized for
example, in residential real estate closings would arrange an assembly line of
secretaries and paralegals who would conduct the necessary activities to bring
about the closing. In some cases, this assembly line approach to the practice
of law may still be possible. But be forewarned, the competition in the
mechanical area of the practice of law can be overwhelming.
The practice of law continues to evolve and practitioners
must evolve with it. For example: Being somewhat tech savvy, unheard-of in the
past is now second nature in the practice of law. Having a presence on the
Internet is almost as important as having an office downtown. Spanish as a
second language was no necessary tool 25 years ago, but today it is the second
most often spoken language in the United States.
Clients expect their lawyers to be at the top of their game
in their chosen field of practice. Taking stale ideas from even the finest law
school is no guarantee of success in the real world practice of law. Great
success in law school does not prepare anyone for the business of lawyering.
However, if the law school experience, and the rigors of the
research associated with going to school did not stimulate or interest you
other than obtaining the necessary ticket to the bar exam, you may simply not
be ready for the real practice of law.
The practice of law is dynamic not static and requires
constant learning.
Life Philosophy
Before embarking on the practice of law one must soul search
to determine his or her personal philosophy of life. In many ways the practice
will alter one's lifestyle. How will this business venture coincide with that
philosophy? There are many who take home way too many client problems,
reviewing them over night instead of getting a good night sleep. They may ditch
family and friends in favor of long hours at the office. Does the future
practitioner have the support of his spouse or life partner? Do they understand
that often the law is a jealous mistress? Many believe that when law school is
over the tension and stress are over as well. Nothing could be further from the
truth. Setting personal goals early in the practice may force the practitioner
to align his decisions accordingly and sitting down with all concerned is a
necessary first step.
It's not entirely uncommon for a person to go through their
entire life without having a frank discussion with themselves about, what is in
fact, their personal philosophy. In this regard, consideration must be given to
not only the personal and financial aspects, but the spiritual needs which
every person has in order to derive joy from work. Whether the practice of law
is for you depends on who you think you are. It certainly is not for everyone.
Many go through the education and will never practice law at all.
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