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April 2005
By William Seaton Out of the tragedy and considerable controversy of the Terry Schiavo case come many lessons. Though Terry's case was not at all uncommon for its facts (tens of thousands of patients in the U.S. have the same medical diagnosis), by whatever confluence of events her case became a national debate, a political football and a lightning rod for passionate opinions about the choices we are put to when tragedy strikes. Out of all of it, however, I was struck by something in addition to the legal and ethical dilemmas. The case was illustrative of the evolving role of attorneys in our society and of just what becoming and being an attorney really means. There was on display, of course, the traditional legal role: the advocate with access to the legal machinery that can intercede (or not) in the dispute between equally earnest parties. But on display as well was the lawyer in the role of spokesperson, social/political advocate, confidant and spiritual supporter. These roles draw on acquired skills that are largely absent from the curriculum of our law schools. While lawyers on both sides needed a firm knowledge of appellate law, they also needed skills to deal with the crushing burden suffered by their clients and an understanding of the place this case will take in the political and social history of our country. Just as good doctors are often singled out for their bedside manner, so too the best lawyers have personal and subjective skills well beyond the ability to pass a bar exam. Lawyers are, in essence, problem solvers but, as often as not, they are given a problem that cannot be solved or cannot be solved satisfactorily. Leading their clients through the process and, for whatever the outcome, moving them forward is often an exercise of enormous tact, empathy and even at times wisdom. Where does this come from and how is it acquired? Our law schools are often faulted for being too theoretical and not teaching such basic, practical skills as the mechanics of filing a lawsuit. If law schools were to change - and they probably won't - they would also teach a course in client relations where students would be introduced to the side of law practice that sometimes takes place in an emotionally charged environment, a circumstance in which they will be expected to retain a calm head and an unerring sense of perspective. All the legal knowledge in the world won't be enough when personal feelings threaten to hijack the process or social policy may be shaped by one's ability to properly delineate the subtleties at play. Perhaps some of these skills are the by-product of personality, background, life experiences and an innate ability to empathize with other people. But either way, whether by education or assimilation, these are skills as important to being a lawyer as knowing black letter law. Those of you studying law or contemplating such an undertaking should broaden your view of the lawyer you aspire to be and understand that the disputes - and tragedies - of human affairs will test you on a variety of levels. Indeed, the bar exam is probably the last time you will wrestle with a purely legal issue.
Lawyers Oppose Federal Bankruptcy Legislation
Law Students Hit the Net - Even During Class
More Women Choosing Criminal Law
Q: Dear Career Counselor:
After an interview, is it ever appropriate to send a thank you note via email? One of my law school classmates insists that the answer is no. That seems to me like dated advice. What do you think?
A: I'm with you on this one--up to a point. To see why, let's review the purpose of the post-interview thank-you note. If you are a regular reader of this column, you know that from time-to-time I compare the job search process to dating. And the dating scene provides a perfect illustration of how and when to send a post interview thank you message. You know the scene; one of the two people on the date is waiting by the phone wondering why the other hasn't called. They think the date went well, are considering having another, but they are met with silence. What do they do? And as the silence grows, so does their level of annoyance. Ultimately, decide to date someone else. Employers have roving eyes and get annoyed too; they want to know whether you are still interested in them after the interview. And that's the primary purpose of the post interview message--to let them know that you are interested in the position for which you interviewed. If the interview increased your interest in their opening, the thank you message is a great place to reiterate that fact. In addition to communicating your interest, the post-interview message has another less appreciated purpose--to maximize the chance that the employer will want to advance the interview process with you. A good thank-you note can put push your candidacy to the top of the employer's list. And what makes a thank you message good? Timing, content, and cultural fit. Let's discuss each of these in turn. Timing. A good thank-you message arrives in time to influence the employer's hiring decision. A beautifully written card that arrives after the employer has already decided to interview someone else doesn't do you much good. For the most part, this means that you should send a thank you message to every person with whom you interviewed as quickly as you can. There are situations, however, when it may be advisable to delay the intended arrival date of your message. For example, when you are told or otherwise know for sure that the interview process will last a while. Under these circumstances it might be advisable to wait an appropriate amount of time to send your message. But if you aren't sure of the employer's decision making timetable, and usually you won't be sure, send your message promptly. Content. A good message also advances your candidacy by reminding the employer of your interest in a position and the benefits you will provide to the employer. Thus, it may be a good idea to refer to some specific event that happened during the interview. One of the best thank you messages I saw when I was interviewing associates at a law firm came from a candidate who went so far as to print out a published opinion that came up during one of her interviews. The opinion was lengthy, and the candidate highlighted the relevant pages of the opinion. You think that caught our attention? It made our anal-retentive hearts sing. Cultural Fit. A good thank you message can also reinforce that you are a good fit for the employer's culture. A couple of examples will make this clear. Suppose that you are interviewing for an in-house legal position at Sotheby's or with one of Martha Stewart's companies. How do you think a thank you email will go over compared to a handwritten note written on fine card stock? But if you send that same hand written note to a high tech dot.com, you might look as out of place as Rush Limbaugh at a feminist rally. As you can see Lakisha, sometimes e-mail might be the way to maximize the impact your desire. In fact, depending on how fast the employer is moving, e-mail might be your only viable option for reaching your intended audience in a timely fashion. Likewise, your chances of getting your message across to someone who is traveling on business might be significantly higher if you send them an e-mail. And to make things even more complicated, don't assume that you have to use the same method to communicate with all of the interviewers at the same employer. For example, I have suggested to clients that they email thank you notes to associates with whom they met and send a hand written card to the senior partner. In today's fast-moving business world, it is outdated to assume that email is never an appropriate means to send a thank you message. But the additional work involved in sending a handwritten note can also make a positive impact that most emails can't match. Outside of formal social events such as weddings, when is the last time most of us send or receive a written thank you note? The very rarity of such notes can make them and their author's stand out from the crowd. If you think about the issues of timing, content, and cultural fit, you will generally make the right decision about how to communicate your thank you message. But don't let this article drive you crazy. The bottom line about thank you notes is this: Regardless of the method you use to send them, the most important thing to remember is to send a customized message promptly after the interview. Do that and you will be ahead of most candidates who can't be bothered to send a thank you message of any kind. Career Counselor's Corner questions are answered by Gideon Grunfeld, President of Successful Career Strategies, Inc. (www.scslawcareers.com), which specializes in helping lawyers take control of their careers in and outside the practice of law. You can submit questions to Mr. Grunfeld at gideon@scslawcareers.com
Legal job candidates often assume that no news is bad news. In other words, they conclude they have been dinged if they apply and interview for a position and don't hear back immediately from the recruiting coordinator. Law firm silence can be deafening when you are anxiously awaiting news of your fate. Unfortunately, some law firms are bad at communicating and won't even bother informing you if the hiring decision is negative. On the other hand, some law firms are simply slow in communicating and/or disorganized. There are even cases of law firms forgetting to send out offer letters and then assuming the candidate is uninterested because they don't hear back. In any case, don't simply sit back and take silence as your answer. A friendly follow-up email or phone call at the appropriate time will usually provide useful information as to where you stand. Taking the initiative can also pay off by showing your interest in the job and keeping the hiring process moving.
The Lawyer Referral Game: Proceed with Caution All lawyers get asked for referrals for other lawyers. Even if you hold yourself out as an expert in almost every area of the law, someone is going to come along with a dog bite case or a prenuptial agreement or a patent that is going to require expertise that you cannot fake. Reluctantly, you pull up your list of contacts and think about another lawyer you can recommend. When someone asks you for a referral, their problem becomes partially yours. And it's a problem you have to take seriously. There is nothing worse than a phone call from a friend or client complaining about an attorney you recommended. At least when they complain about your performance, you are in position to do something about it. When you get the request for a referral, you have to resist the temptation to give the name of the first person you know who practices in the relevant area. You need to remember that, in the mind of the person seeking the referral, the performance of the lawyer you recommend will reflect on you. While a bad referral to a friend might strain your relationship, a bad recommendation to a client can hurt your business. Another temptation is to make no referral at all. The advantage here is that you avoid sticking out your neck. The downside is that you are not being helpful to someone who turned to you for assistance. Still, you have to keep this as an option. As explained below, making a good referral can take some time and effort. If you cannot devote the time and effort to the process, it is better to make no recommendation than a bad recommendation. Ideally, you will already know someone who you can recommend with confidence. This might be a lawyer you have worked with and seen perform. Or, it could be someone who has a stellar reputation. The referral then becomes easy. Harder is the case where you only know of someone who proclaims to have an expertise but you don't have the personal experience to know that for sure. We all know lawyers who specialize in an area of the law but nonetheless lack a high level of skill. Even harder is when you know no one in the relevant practice area. That leaves you to figure out who you can call who might know someone else you can call. As the last scenario above implies, there is going to be a certain amount of blind trust in the process of making an attorney referral. To add a bit more certainty to the process, there are a few things you can do to help protect you and, hopefully, ultimately better serve the person in search of an attorney.
Unfortunately, all of the things you can do to assure a good referral are going to take more than minimal involvement on your part. Plus, you are unlikely to be compensated for your time. Referrals are usually seen as favors and most people would be surprised to receive a bill for this. Unless you decline entirely to make a referral, however, you really have no choice but to make the effort.
Talk the Talk that is Lawyerese. Learn some of the words and phrases that will be important to your career advancement at The Firm.
Under a 1989 Texas law, which of the following is NOT a felony?
(a) A lawyer impersonating an emergency assistance worker and soliciting clients at a hospital. (answer at end of newsletter)
The following were among the responses received by a state bar journal that asked readers to write in and say something nice about lawyers: "What's good about lawyers? They aren't realtors!"
www.abanet.org/yld/ Trivia answer: -- (d)
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