“The sharp employ the sharp; verily, a man may be known by his attorney.”
Douglas William Jerrold
Criminal lawyers are often required to represent those among us who are morally and ethically challenged. Their role as guardians of the rights of all of us is crucial to our democracy and their choice of clients does not usually reflect negatively on their character.
When I started practicing business law immediately after being called to the Bar, I had just been rejected for hire-back with the firm where I had done my articles. I was told that the reason that I was not hired back was that I had not shown sufficient self-confidence. Compounding my insecurity was the fact that I was younger than most first year lawyers, having entered law school after just one year of university. Worse still, I had no prior business experience.
In my first four years of practicing law, I learned how to be a lawyer through the “sink or swim” approach. I did this by working 12 hours a day and 6 ½ days a week, without supervision, mentoring or training. I was also worrying 24 days a day, 7 days a week, and waking up screaming at night. I do not recommend this approach to learning the practice of law.
In my first year of practice, a client asked me to advise him concerning his plan to build a sign for his restaurant. The sign was to sit at sidewalk level and would be 6 feet high and 20 feet long with flashing neon lights. It did not take long for me to determine that the sign would contravene the city’s by-laws and to tell him not to do it.
The client was furious with me. He angrily explained to me that it was not my job to give him business advice. In his mind, my role as the lawyer was simply to tell him what the law said and what the penalties were for breaking the law. It was his job to make the determination whether it was a good business decision to break the law.
That was my introduction to business ethics and how the practice of law fits in.
There is an old saying that a jury consists of twelve people who are selected to determine who has the better lawyer. Whatever the truth of that saying, there is no doubt that the people who prevail in legal disputes are not necessarily the people who are legally “right”.
Young lawyers often think that there is some magic secret to building a client base, and that marketing is a mysterious and complicated endeavour. I disagree, and I say that as a lawyer who did not really “get” marketing until I had been practicing for quite a long time.
Early in my career, a senior partner in my firm, who I will call Greg, was arguing with the managing partner of the firm because the managing partner wanted Greg to fire one of Greg’s clients.
I once had a law partner named Marvin who taught me what he called the “fish theory” of marketing. According to Marvin, marketing was simply a matter of throwing a fish back to every referral source who threw a fish to you. If you were referred a file from someone, you owed that person a file, and so it went.
New lawyers have a lot to learn about both the law, and how to practice law. Typically doing that will take up their entire workday, and then some.
Law firms like to encourage their lawyers to produce as many billable hours as possible. In order to keep the lawyers ‘motivated’, law firms usually set a target number of hours that they expect each lawyer to bill. Some firms like to set the target at a number which is higher than they expect the lawyers to bill.