Sometimes, when something sounds too good to be true, it probably is. You’re a first year litigation associate only a couple months on the job. You’ve probably written some legal research memorandums, and likely started to do document review. The most exciting thing that’s happened to you is sitting in on a client call or a meet and confer with opposing counsel, where you’re told to “be a fly on the wall.” In other words, don’t talk. Don’t mess it up for the partner.
But one day, a partner walks into your office (a momentous occasion in and of itself because usually you are summoned to the partner’s office). He says to you, “I have a wonderful opportunity for you. How would like to go to court?” Of course, you think you’ve hit the jackpot. Maybe you’re a little scared, because you aren’t sure whether you’re ready for this. After all, you just found out that you passed the bar exam. But you continue to listen to the partner: it’s a great opportunity to get your feet wet, there won’t be a whole lot for you to do, the stakes aren’t high so you can’t really mess it up, and it’ll be real court time. How many first years can say they went to court by themselves?
It all sounds good, perhaps too good. If you’re like most first years, you just accept on the spot and go down the hall to brag to all your fellow associates about how you’re going to court. But let’s pause. Think about this for a second. Why is a partner so eager to have you go to court? Is it really because he wants you to have this “opportunity?” Or is there something else going on? What are his motivations?
It’s possible that you did hit the jackpot, and the partner is really interested in your personal growth and development. Less innocuous, but still okay, is the partner who wants you to go to court, perhaps to a CMC, because she is too busy to go herself and it’s routine and boring for her. The worst, however, is something that happens more often than you may think: the partner is managing a case where he’s really managed to piss off the judge. He knows that the hearing will involve yelling, berating, or perhaps even sanctions. And he’s too scared to appear so he wants you to go: to be his scapegoat and take the beating for him.
Of course, he doesn’t sell you the offer like that. He doesn’t say, “How would you like your first court experience to be one where you get yelled at and sanctioned by an angry judge?” Instead, he says, “I have a wonderful opportunity for you, one you’ll never forget.” True, you won’t forget it, but not for the reasons you think.
So, the moral of the story is this: when offered the “once-in-a-lifetime” opportunity, ask yourself this: Is it too good to be true?
This happened to me in my third month at my firm. I was assigned to a case where one of the first tasks was to research and draft a motion. After I presented the research, the partner decided to give me the “opportunity” to argue the motion in court. Little did I know–nor did the partner indicate–that there was no way in hell the judge was going to grant the motion. Luckily, I happened to ask a more senior associate to go over my arguments with me the day before the hearing. He immediately realized that this was going to be a losing battle, and, of course, the next day at the hearing, judge denied the motion. Fortunately, my conversation with the senior associate helped me reset my expectations so I wasn’t crushed and didn’t blame myself when the judge made his ruling. Had I not talked to the senior associate, that first experience arguing in court probably would have blind sided me and shaken my confidence.
Under the Bus – Thanks for sharing. Good for you for running your arguments by a senior associate. Often, simply being mentally prepared helps tremendously.