20 working ground rules

Good morning,

I was just reading a post from Laura M. Molla, from «GMR Management y Servicios Jurídicos» with the title «The dark side of the lawyer» (in Spanish, see EL LADO OSCURO DEL ABOGADO) which comments the relationship client – lawyer and the difficulty in making a client realize the amount of back-office work that requires providing him with the required advice.

This post made me think that the relationship between the associates of a firm (including partners) and the junior associates/trainees (hereinafter, «Juniors») also has its difficulties. Of course most of the associates were previously Junior, but they normally tend to miss various ground rules and take things for granted that they shouldn’t.

It’s key to work on a good «associate – Juniors» relationship. We have to bear in mind that it is the Juniors who help them to do their job better and who normally do all the «dirty work». Yes, of course all that later comes back to the Juniors as expertise and experience, but that doesn’t have to imply that such works aren’t asked for nicely. The Juniors work better if their relationship with the associate is fluent and if their help is requested nicely.

From my experience (and my colleagues’ experience) here in Spain, we have managed to list 20 ground rules that any associate should always take into account (allow me to list them as a conversation with the associate):

1. Yes, even if I look older, I’m new in this thing called lawyering. I have plenty to learn and study. Take that into account and be patient.
2. If you need something urgently, tell me so. Especially if you need me to do some research or to understand some paperwork. Bear in mind that I will always want to read another ruling, another book and another scholar’s opinion in the matter that may back better my position.
3. Research for case law may look easy and fast to you, but you really know it is not, so «keep calm and be patient«.
4. If I don’t find case law regarding some aspect, it is probably because I am not searching the right way. When you ask me to do that research, think about that and help me so I can be more efficient.
5. There will be plenty of times that I will not really understand what you’re explaining to me, but I will say yes and go back to my play to try to understand it. If I come back with my head down, do not freak out. I won’t happen again.
6. There are some corporate structures that are difficult to get, contracts that I don’t understand and advice that I don’t know how to explain. I will always need your help or opinion.
7. If you ask me to review something, it is almost impossible that I have made myself the same questions that you would have made. In some way, experience is that: making the right questions.
8. I still haven’t learned to be in the client’s shoes when they ask me for something.
9. Of course I’m nervous when I call a client for a first time. Maybe its better that you’re with me to intervene if necessary. If you can’t and I fail, please know that I will be sorry and that I’ve tried my best (at the time). If you don’t want to be with me, thanks for the responsibility, but if I fail, same as earlier.
10. If when speaking to a client I don’t get all the information you wanted me to get, it is not all my fault. Tell me exactly what you want me to find out and I will ask for it, but until I gain experience, I will not be able to go further.
11. I know you like to draft thing at your own way. You’re not the only one that I work with and I have to adapt to each one of you. And it is not easy.
12. There are plenty of aspects of the transactions I am normally not aware of, especially if you don’t involve me since the beginning. If you’ve hired me, that means I’m not stupid. So stop for a moment and think if I have all the documentation prior to losing your nerves.
13. Be quick and learning are two concepts that are normally at odds. Usually, one or the other.
14. When I fail, bear in mind that it is usual and that I will try not to do it again.
15. When I fail, tell me. When I succeed, also tell me. When I’m above expectations, a little bit of flatter keeps our confidence up.
16. I am available 24/7, but if you’re going to mess with my weekend, an entire night or my vacation, don’t assume that it is my preferred plan. Tell me that you appreciate those efforts we make for you.
17. When I’m up working until 5 in the morning, the next day I’m going to be tired. You would also be tired, so don’t ask me to be at my best. Believe me when I say that I’m trying.
18. Don’t ask me to do something at 9 pm on a Friday if it can’t wait until Monday. Better, don’t ask me to do something after 9 pm if you can ask for ir next day first thing in the morning. If I need work, don’t worry, I will come to you.
19. Like you, I have a personal life and, therefore, I will also have personal probelms that may distract me.
20. YOU DON’T PAY ME TO «HEAT THE CHAIR» DOING NOTHING («calentar la silla«, in Spanish). If I can go, tell me to go.

If you’re a Junior, this is a good list on what you can experience upon starting in the practice of law. You have to learn to play with the personality and humour of your colleagues in order to see when is the right time to say everything.

Please feel free to comment.

Best
Litt

(The Spanish version of this post, here)

Closings (Part 1)

«Everything I do the rest of the days during the year is worth it because I really enjoy closings. Are you ready?«

When my Partner told me this, I confirmed with my head so convinced that I stilled believed me after the real closing.

Yes. We were going to close a deal (which in Spain, at that moment, was kind of a great achievement). And yes, this is why we work everyday. Closing deals. Only that. It’s a really interesting transaction. Well, it’s an awesome transaction for a «Junior» like me as I will explain below. There are lots of people involved, emails are pouring from everywhere and you, as a Junior, have no option of answering almost any of them. But you’re in. And just for that, everything is worth it.

From a Junior perspective you don’t really have much quality work to do. A little bit of compiling documentation one day, a little bit of preparing the Schedules to the Agreement the other. One day you prepare (and hopefully review it with the big-bosses) a mark-up with the counterpart’s comments, the other you’re the one including the agreed changes in the document before sending them to the counterpart.»Partner, I think this wording would be better for our purposes» are those kind of statements that you say but that your Partner quickly dismisses with a simple «Let’s not mess with the other party ok Litt?«.

But prior to that (and that is what I would like to tell in this post), as in every transaction, it comes the famous «due diligence«. Basically, it’s telling your client what’s going to purchase. It’s a long and tedious report in which you have to «undress» the target of the transaction in order to make clear to your client what it is.

And meanwhile, there are lots of times that you want to send a challenging email to your client saying: «Hey you, big company with plenty of money. Why is it that you want to buy this if you don’t really know what the hell you’re buying or what kind of shit is underneath it?«. But hey, as an advisor, you gotta give the client what he is claiming. And if he claims it, you gotta deliver.

This is the moment when dinners at the office are usual, you have long hours reviewing documentation, etc. The only good thing is: if you stay really late, the dinner and the taxi are on the client! So no poor sandwiches and similar. Chicken, bacon cheese fries and a good burger to the office. Small break, get your strength back, and back to business. Because there’s normally more people involved. And it isn’t really that hard. I’m sure that I and most of you have been until later dancing and drinking non-stop. There comes a time in which you even laugh and try to enjoy. And you may be thinking, this is crap. Everything is crap. Well…no.

This is the time when you really learn. Not only from what your colleagues may teach you while reviewing your work. You also read a huge amount of papers, agreements, internal documents, memorandum, regulations, case law, etc. You get opinions from other lawyers and you discuss them, you learn to see other points of view of your stuff, and you finally come to understand why each party is including what they want to include. And it’s them when you realize that this thing of late-working is really for learning. And because everybody learns here, your Partner is hand to hand with you.

In the end, weeks later, you send to the client a report of at least 100 pages very nicely structured and with the house style colours. I am truly convinced that most of them don’t really read them, but well…let’s not comment on that. It is very important to highlight in the report the may risks that the client is facing in the transaction. Tha’s basically why they hire you.

Lots of hours of work and 100 pages later, the fun starts: negotiation of the agreements. But I will explain this in another post.

Good night,
Litt

[You can read the Spanish version of this post here]

 

The Parties

«First rule for lawyers: always begin with the identification of the parties. You have to know who is saying what its being said.«

This was the first lesson I lesson I learned on my first day as a lawyer. Well, for now, there is only one party. Hi, I’m Mr. Litt. For now its just me, although I will try to make some of my better colleagues to join us in this «lawyers world». And I will really appreciate you to help me, not only to improve, but to see other points of view on my thoughts. Thanks in advance.

As mr. Litt I am a Spanish lawyer, now a junior associate (and, hopefully, less junior every day) in one of those law firms that you may call «corporate law firms». My law firm is international, but I am based in Spain.

I don’t know how to write. At least not good or pretty (and even less good and less pretty in English), but I have always wanted to do so. So I’m gonna do it.

Although I would have never guessed, I like the law. And I like not exercising it. At least not in the way people normally think being a lawyer is. Let me explain. Some lawyers are lucky (at least to me is luck) of not having to appear before a judge or a tribunal. At least not for now. Because those lawyers exist. Internally they call us «transactional lawyers» due to this trend of stapling pretty names to everything now.

Everybody assumes that lawyers are every day giving those amazing speeches in from of «your honour» in order to defend the innocence of that kid which looks guilty but he isn’t. As in most of the cases, fiction does not really look like most people’s reality. Those lawyers exist, but I don’t really do that (although I admire them).

I am one of those lawyer who spends hours and hours drafting documents for others to sign. I don’t give speeches and I am not a master of oratory. But I like it. So I will remain as this kind of lawyer as long as I can.

Those who are really into series may confuse me with Louis Litt, that superb lawyer from «Suits», but nothing further from reality. I didn’t study in Harvard and I am not capable of talking so fast and so «girly». I enjoy the good company of my friends and a good malt. I am a fan of Apple and its philosophy, which I resume in «Simpler, better».

And what am I going to tell you here?

Well…for many years I’ve heard plenty of stories and myths about working at a Law firm. I even ended up believing that lawyers were some kind of «superheroes«. Fortunately, I had the opportunity of doing an internship at a law firm and I told to myself: «Mr. Litt, this stories aren’t really real…this working pace is perfectly bearable«. And it truly is. To put it into a different perspective: you sleep less and you end up more tired at spring breaks, but of course, nobody complains there because you have drinks, music and party.

Thanks to that internship, I got recruited as a junior associated at a Law firm, and I certified that a lot of those stories are myths and fantasies from someone who exaggerates any aspect of his work to enlarge his ego.

¿And what the hell does that have anything to do with a blog?

I really don’t have a clue. But one day you’re talking to a law student and he tells you: «I’ve heard that at a law firm you have entire weeks without any sleep«. And then you wonder if people really know how you work at a Law firm. And that, if you allow me, is what I want to tell. Stories, thoughts and experiences but without trying to magnify the facts and trying that you don’t get a wrong impression of how this works. Because it is really not that hard.

Happy to receive comments!

Best,
Litt

[The Spanish version of this post can be found here]

[to be completed by author]

Jr. Litt is preparing a good beginning…