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December 2005
By William Seaton This much we know: most jobs come from relationships. Some people hire people they don't know, but with most hires there is a relationship component, if not directly between the hirer and hiree, then somewhere in the string of introductions that brought them together. Given that, a successful career is not about finding jobs as much as developing relationships. If you do the latter, the former will take care of itself. In last month's column we discussed a first rule of effective networking as having a succinct, communicable story. When you network in a professional context, you must be able to quickly and clearly communicate where you are at and where you are going. Only then will people know if they have doors to open for you. In other words, you never network by telling people you are looking for a job; you tell them exactly what job you are looking for. Effective networking involves three different groups: 1) active contacts; 2) latent contacts and 3) developed contacts. Active contacts are the people you know: business associates, friends, family, etc. Most people know this but don't go further after exhausting this group. Latent contacts are the people you have known in the past but have lost contact with, e.g., a law school professor or co-worker from your first job. Developed contacts are people you do not know but who, by virtue of their position could be especially effective in opening doors, perhaps the author of a noted book in your field. For each group there is a somewhat different tack you take. For active contacts, a personal phone call is generally most effective. For latent contacts, perhaps a call or an email, setting the context for a call. For developed contacts, look through your list of other contacts for someone who might make an introduction or approach them yourself through a personal letter. Do not fail to take advantage of today's technology and the Internet in developing your network. Email is a very powerful tool that lets you reach a great many people very quickly. But do not send the same broadcast email to a list of contacts. Networking is personal and no one is motivated to help by being fifteenth in a list of cc:s. Take the time to personalize each email and there's a much better chance that the recipient is moved to action. Take advantage of Internet discussion groups and cyber-meetings. It's a great way to develop new contacts and meet people who share your interests. With the best of these contacts, several email exchanges can lead to a phone call or a meeting and a new member of your network. Think of the Internet as a kind of virtual bar association. There are lots of sites where you can interact with other professionals and make connections without getting in your car. Because networking is about relationships, it should be a daily part of your career development. Your network should expand not just with everyone you meet in the course of your work, but with everyone you consciously develop as a contact. That means being active in professional and civic groups, using the Internet to develop your contact base and being aware that everyone you meet may open a door, just as you may do the same for them. If you take care of those relationships, job opportunities tend to take care of themselves.
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Dear Career Counselor:
Q: I currently work as a staff attorney for several family court judges and have just started the process of looking for a job with a law firm that primarily practices family law. Much of the work I do involves drafting bench memoranda. Almost everything I write is confidential. I am concerned that I will not be permitted to use any of the bench memoranda as writing samples. Do you have any suggestions?
A: Dear Bethany, The question you raise applies not only to attorneys who work for judges (such as staff attorneys and law clerks), but anytime an attorney or law student seeks to use a writing sample that contains privileged or confidential information. There are several possible solutions. The best way to identify which is right for you is to start with the underlying purpose of a writing sample, which in most cases is to demonstrate your ability to write cogently about a legal issue that is relevant to the job you are seeking. Thus, for example, in the litigation context, your best bet is to select a writing sample that demonstrates high-level legal analysis. And legal memoranda, which are analytical by nature, therefore often make better writing samples than briefs. Begin therefore by identifying the legal analysis that would be most relevant and impressive to potential employers. Then determine whether you can delete the information that makes it privileged or confidential. For example, you may need to delete or alter the names of the parties. In addition consider using an excerpt of the original document. Too often applicants send a complete brief or legal memorandum. Don't make the reader expend energy to find that portion of the writing sample that is most relevant. A good and focused five-page writing sample will serve you better than a meandering 20-page document. Send the relevant excerpt. Just make clear in the cover to the writing sample what changes you have made to the document (e.g., privileged information has been deleted, procedural information has been omitted, this is one of several arguments made in an opposition to a motion for summary judgment). Not only does this make it easier for you to impress the employer with your writing ability, it also demonstrates thoroughness and sensitivity to confidentiality-related issues that virtually every legal employer appreciates. Using a redacted or excerpt is often sufficient to address confidentiality concerns in writing samples. But in your case, Bethany, this may not be sufficient. Courts and judges may have specific guidelines about how writing samples may be used, and they may not permit law clerks to identify the cases on which they worked, let alone use a writing sample from one of those cases. Thus, you should consider getting permission from a specific judge or other appropriate authority before using a writing sample (redacted or not). Likewise, other attorneys such as those working at firms, non-profits, or in-house should also consider getting advance permission to use a writing sample. This can be especially effective if the person who can authorize you to use the writing sample can also act as a reference. But seeking advance permission to use a writing sample raises two significant potential problems. First, you might not want to alert the employer that you are looking for a job. Second, the employer may deny you permission to use the writing sample. So what do you do if you decide that it is impractical or undesirable to seek advance permission, or if permission is not granted? The answer: create a writing sample that is separate and distinct from anything you have actually created on the job or as a law student. After all, the purpose of the writing sample is to demonstrate your current ability to write. Bethany, I of course don't know what the judges you work for will agree to allow you to use a redacted document, or whether you should even alert them that you are looking for a new position. But my instincts are that may need to create a new document. This is not to say that you can't be efficient and revisit some of the issues you have already addressed. For example, you might create hypothetical facts for a legal memorandum that will allow you to take advantage of the research and related work you have already conducted. Creating a new writing sample can help a wide array of attorneys (and law students), not just those who might be prevented from using a document they drafted on the job. For example, a law student who has written nothing since their your first-year legal writing class (or whose grades are disappointing) might significantly enhance their chances of getting a new job by drafting a writing sample that is specifically designed to impress a particular group of potential employers. Similarly, a practicing attorney whose written work product is edited by others should consider creating a writing sample that is specifically tailored to their job search. This strategy can also be an important tool for attorneys seeking to make career transitions in and outside the practice of law. For example, an attorney who has exclusively worked on insurance coverage work might draft a document analyzing a current business tort issue to enhance their application for business litigation positions. Likewise, I recently suggested that a client who was seeking to transfer to a public relations position draft a document that analyzed a current public relations/communications issue. Creating a new writing sample can be a good strategy for any position in which the ability to write is an important skill. Creating a new writing sample does take time and effort. It is not required in many cases. But it should provide some comfort to know that you are not trapped and have a viable option if you don't have, or for some reason can't use an existing writing sample. Bethany, I hope this advice proves useful. Good luck transitioning to a family law practice. 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
Many lawyers take the position that they must do all they can to fight for their client. This often includes being rude to opposing counsel because, well, they oppose your client. While it's easy to get into confrontations with the other side, this is rarely very useful. Plus, there are many benefits that come from being civil to other lawyers. At some point, it is likely you are going to need a favor, need to work out a settlement or have to work out of their office. You can be aggressive and assertive, but try to draw the line. The bottom line is that you will serve your client well by treating other parties fairly. Among the additional benefits are that you may actually get referrals from the other side and possibly, as sometimes happens, a nice job offer.
Client Communication: Who, What, When, Where, Why In the old days, say, ten years ago, you actually had to pick up a telephone or call a meeting to have direct communication with your client. You could send faxes too but that has never been the best way for give-and-take with a client. Now, of course, we have email and that has changed everything as to client communication. The first challenge of email communications is that not all people use it the same way you do. While you may use your Blackberry to ask a colleague two doors down about going to lunch, your client may not have the same usage policies. There are actually still people out there who do not like to use email. And they continue to fight it. You will also find that there are some clients who will receive email but rarely respond. Still others will want every single communication in email format. The point is that, like on other issues, you must know your client. How do you determine how the client wishes to communicate with you? Well, you can ask. While your next question may be "Do I ask in an email?" it is probably best to do this early on, perhaps when you are given your first project. That being said, you will have to gauge how things work over the course of your representation. Pay attention to whether your client is tied to the computer or if it generally takes several days for an email response. That knowledge will come in handy when you need a quick response. Attachments are another issue. Use your judgment on whether it is appropriate to send a client a large group of documents via email. Especially with documents that need signatures or otherwise need to be printed out, you are asking your client to spend time and effort on this task. There are times when hard copies in the mail or overnight courier will be a better way. Ask yourself whether what you are sending could be seen as a document dump by your client. Also don't assume that you are done with your part of the communication if you send an email to your client. You also probably don't want to use those annoying email receipt requests - unless it's absolutely necessary. Follow up to assume receipt and to discuss additional action. It is also a good idea for lawyers to pay attention to email etiquette. When, for example, is it good practice to copy someone on an email or forward another person's email? We have all had the experience where we write to someone who forwards our email to someone we did not have in mind when we first wrote. Most of these issues can be resolved by taking a second or two to think before pushing the button. Finally, remember that there is such a thing as email fatigue. No one wants too much email. Clients also do not need to know every step you take. Email makes that easy but it doesn't make it necessary. Related to this is the risk that, if your client is responsive by email, email can become the only means the two of you use to communicate. Even if email will suffice, pick up the phone occasionally and let your client know there is a live person on the other side.
Stuck at the office on Christmas morning? Make the best of it with The Rodent's Holiday tips.
Which U.S. President also served as a U.S. Supreme Court justice? (answer at end of newsletter)
Police in Los Angeles had good luck with a robbery suspect who just couldn't control himself during a line-up. When detectives asked each man in the line-up to repeat the words: "Give me all your money or I'll shoot," the man shouted, "That's not what I said!"
Shop for the best books on the profession and the job hunt. Trivia answer: William Taft.
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