Biglaw Sr Associate Taking Questions for a bit Forum

[trbrny]

Thanks for your time. Any tips for making the next step as far as being able to independently identify risks and issues, coming up with creative solutions for business issues, etc. (i.e., being a solid senior associate)? As a mid-level corporate associate I find myself getting more confident with running with something after I am instructed by the associate above me or a partner, but still feel like I have a way’s to go in using my own thinking and critical analysis. Just curious what helped you improve and develop.

I think the most likely thing is you may still just need experience and reps. If you've been doing this for 4 years and a partner has been doing it for 24 years, they've just seen probably 10x more deals than you. Even a senior associate (or junior partner depending on deal/client/firm structure) is going to run some big deal issues by the senior partner. But in terms of how to accelerate, some ideas: Always try to offer up help and insert yourself as early in the process (like term sheet stage) as possible. Take first crack at thinking through and responding to everything, even if that is just running an email by the senior/partner saying "I think we should do X, what do you think?"; over time your hit rate should go up and eventually everyone just trusts you to handle without running it by them first. In corporate you often become the middle-person/quarterback, trading emails between groups (for example client and specialist); as you get more senior, try to understand (at least at high level) the issue being discussed rather than just shooting off emails left and right. Similarly dig in a bit (again high level) on the some of the actual business risks/issues that the client is trying to solve; a mid-level or even senior is going to be good at spotting the legal issues, but a partner is viewed by the client as someone who can merge the legal advice with the business risks, realities, goals, and priorities — in order to do that, you need to be up to speed on what's happening at business level. Finally, be up to date on any third party commentary, such as trends in M&A deal terms, market surveys, major regulatory changes that impacts your group, especially topics/pieces that are at the intersection of legal and business terms and might have some non-lawyer (like biz dev team) audience. I would also add that everyone develops at their own pace and finding a few mentors who can provide honest feedback about personal strengths/weaknesses is going to be very useful.

OP here. I agree with this advice 100%. My go to as I became more senior (and still in some cases) is to forward a question from a client to the more senior associate/partner on a matter with my reaction/suggested response, often with an offer to draft or even ghost write the response for the partner. Similarly, with opposing counsel comments to a document, I would summarize the comments that I thought were potential issues and my thoughts on our response. This often results in a request that you take the first stab at responding/marking up the document.

Equally important is to start really thinking through whether a comment from opposing counsel is acceptable, learning how to give as well as to take in a negotiation (i.e., trading of drafts), is one of the hardest skills to learn. Consider when you can make an argument that it's not such a big risk to give on a comment, or what you can do to make it acceptable, and share your thoughts with your internal team. You will see that eventually partners and senior associates may start using those arguments on calls or emails with clients. Eventually, they will start to trust you enough just to explain it to the client directly.

Also, brush up on the substantive portions of what you do. Start figuring out ways to demonstrate that you are not just spinning things off from precedent. This comes with reps and time, but there are ways to accelerate the process by demonstrating early on that you have developed some proficiency and can explain legal concepts clearly. Crystalizing your thoughts in a clear and concise internal email is helpful when you have the chance. Embedding internal drafting questions in a document or a cover email is also a helpful way to show that you are thinking about and starting to understand what you are doing.

Also, it is very helpful to be very familiar with the details and history in a matter, e.g., why a specific change was made in a document, what the client asked on the last call, what opposing counsel told us they were concerned about in a document, etc. Partners and senior associates are often juggling a lot, and it is helpful to have a more junior associate help with recall on details.

Finally, be obsessive about updating checklists and circulating them internally, even if not asked - one thing I appreciate a lot is when a midlevel associate sends around a short punch list of open items in our/my court on a regular basis. Helps keep me focused as well.

[trbrny]

Mostly this is good advice (I always lol that there are people who don't enter their hours, what is wrong with you that you would not do this on time and routinely have to be reminded?), but...

Don't always assume that someone more senior will respond to emails addressed to your team, but never respond without permission. My usual go to was to forward the email to a more senior member of the team and ask if there is anything they would like for you to do about it.

You state this as a bright line rule, but it is not a good idea to follow it blindly. At times, and depending on the team, senior and mid-level associates may have no intent to respond and will regularly encourage more junior associates to take the lead on responding as things arise. You'll soon learn that some seniors are really slow at responding and are overwhelmed and will expect you to respond, especially on teams that are leanly staffed.

Don't assume that senior attorneys will always save you or perfect your work. Do your best possible work each time and be prepared to explain your thought process for everything that you write.

I agree and this is the sort of situation where sometimes (not always) you just have to act without requesting permission, because the senior associate literally will not respond on time, does not know, or expects you to respond. After the first time or two this happens, you learn their style.

Your point is a fair one, eventually team and client dynamics will come into play in deciding when to respond, and it is not a good idea to blindly assume for the next three years that it's not your job. I was responding on the assumption that the person asking the question is an incoming first year, in which case I don't believe that he/she should email clients or opposing counsel without asking first, as he/she would not yet understand the dynamics in play. I would much prefer that the junior forward the email to me and ask if he/she should respond, or, even better, type a proposed response, at that stage.

[trbrny]

Thanks for providing help! I am an incoming first-year associate in regulatory practice. Wonder how I can best prepare myself for this job and what are some of the tips you wish a first-year associate should know. Thank you!

Respond to emails that are directed to you as quickly as you can, even if it's to acknowledge receiving the email and that you are working on it or will respond with a more detailed email soon.

Resist the urge to answer questions off the cuff. You can offer your thoughts if you are pretty sure about something, but always offer to double check afterwards. Defer to those most senior to you on tougher questions.

Don't always assume that someone more senior will respond to emails addressed to your team, but never respond without permission. My usual go to was to forward the email to a more senior member of the team and ask if there is anything they would like for you to do about it.

Don't assume that senior attorneys will always save you or perfect your work. Do your best possible work each time and be prepared to explain your thought process for everything that you write.

Enter your hours every day.

Ask lots of questions. Ask for context. If you are not sure when you're drafting something, it is ok to draft in a way that you think is correct and highlight your question/struggle when you send it off for review.

Own up to mistakes as soon as you discover them, don't try to hide them. Be receptive to criticism and avoid making excuses - best response is I understand and it won't happen again. Be sure it doesn't happen again.

Don't lose your perspective. It is a difficult time consuming job with people who don't always manage their stress very well. You are getting paid a lot for a job you barely know how to do. Appreciate your good fortune in life and don't let the bad times get to you. Also make sure to schedule time for yourself and your family.

If you want to excel in BigLaw, this is really good advice. I might add a few other points: Clarity and organization (even in email) is easily underrated, especially since everyone is busy, but really sets apart average from amazing. Try to think one step ahead, such as, when I provide this document/piece of advice/suggestion, what is going to be the reaction — be ready for that. Also, it is fine to ask questions but you'd be amazed how much the answer is already available to you: whether it is looking through the documents, checking the other deal documents saved on iManage, googling around, etc.

I agree with all of this. Clarity and organization is huge - sometimes worthwhile to type up an email (with no email addresses filled in), step away and edit it a few hours later. Being concise is also an important skill. These skills certainly improve over time, but it is extremely helpful to be cognizant of them early on and take a conscious effort to improve them.

One word of caution though - biglaw is a balance between great work and efficiency. Resist the urge to over-edit your emails, think about how you want to say something, perhaps edit it, but don't waste tons of time agonizing over and changing it. Same thing with trying to find answers to your questions - it is awesome to be self-motivated and self-sufficient, but don't bill 65k to a client on a question that I could have answered in 30 seconds.

[trbrny]

What makes a good summer associate?

I agree with all of the answers above. At this point, in most big law firms, being a summer is mainly about not completely messing it up. With that said, there are certain summers that stand out, and firm attorneys are excited when they return. You want to be one of those people. It helps you get the work you want with the people you want early on. It is nice to hit the ground running.

Be interested, curious and excited about what you are doing. Don't be scared to ask for background on the client and the matter. If you like what you are working on, say it. If you don't like something, don't be scared to tell your summer coordinators.

Treat your summer like a real job. Communicate. Meet deadlines. Do excellent work. Don't assume that you're a summer, so none of it matters. Be the person that they want to work with when you return.

Talk to as many people as possible. Show off that sparkling personality that got you hired. People want to get to know you, share their knowledge with you and show off about themselves a bit. There is always buzz internally when certain summers that everyone got to know and love are returning.

Don't be overly guarded, but avoid the urge to let down your guard too much. There will be alcohol. There will be drunk attorneys. There will be idiots acting inappropriately. There will be associates that complain and gossip and try to get you to do it. Don't be one of those people. (Not all of this applies to virtual summer programs).

Stay positive. Realize that you are extremely lucky and getting paid a lot of money. There will be tough, stressful and exhausting moments during your summer. Resist the urge to complain to other associates or broadcast your "plight" - most of the time, your experience is a watered down version of what associates go through constantly. Disclaimer - there are times when things are not right or ok, you should have a mentor that you can safely confide in, check with him/her if what you are experiencing is normal, if not ask for help.

Go to every single event and every training.

Take work from as many people and practice groups as you can. If you want to be a litigator, that's fine, but still try to do at least one transaction. Your will be better off for it.

[trbrny]

Slightly older junior associate (35 Female). Wonder at what point you can take maternity leave without jeopardizing work.

I think this a very tough question to answer, and is really dependent on the firm environment that you are in. The good news is that firms are more and more open and accommodating and aware of the unfair and sometime unconscious impacts that maternity leave has on a woman's career. With that said, not every firm is that same, not every practice group is the same and not every partner is the same.

My personal thoughts - you want to avoid going out on maternity very soon after starting your job, it may hurt your ability to integrate into the group and may make it harder to compete for work when you get back. I don't agree, however, with any suggestion that you should wait until you are more senior. There is no convenient time for you to take a half year + off of work, and you should not lose sight of what is good for you and your current or future family. Too often biglaw robs us of that perspective, don't let it happen to you.

By the way, there are downfalls to waiting until you are more senior as well; if you are nearing partnership eligibility, it may delay you or otherwise impact it (despite claims to the contrary), if you are a midlevel, you are much more valuable to the firm and less fungible than a junior associate, etc, and the stress level of trying to reintegrate post-leave to the massive workload of a midlevel while juggling home responsibilities can be a lot to handle.

This is my long way of saying, do what is best for you and what you are most comfortable with, and everyone else (by law) has to deal with it.

[Sincostan12345]

hi there, im working in Big 4 international tax as a lawyer with experience on cross border deals and restructuring. I want to make a move to corporate M&A in a law firm. How you suggest I upskill myself in order to make a lateral move? Im thinking read up on books on contract draft, M&A legal process, read through the deal docs and mark-ups on the deals ive done ? thanks!

[Law Sauce]

There is a lot of good advice ITT.