In Las Vegas, scores of gamblers surround a roulette wheel, placing bets on colors, numbers, ranges–a dizzying array of possibilities. They all have their strategies: placing bets on a lucky number, playing the 0 or 00, betting on streak patterns of red or black, alternating between even and odd. At the end of the day, however, none of those strategies matter. The fortunes of these gamblers are determined by the random skip, hop, and bounce of a small white ball and its interaction with a spinning wheel. It’s a game of chance, and the house–on average–always comes out on top.
This week’s topic focuses on staffing at law firms, the process by which associates get assigned to a case. The process varies depending on whether the associate is a first year fresh out of law school, or is a more experienced associate with a track record at the firm. Today’s discussion focuses only on staffing for entry-level associates. As you may have guessed, I believe that staffing for first years is like spinning the roulette wheel: a simple act of chance.
Let’s say you are a recent law school graduate. You just started work this week. The economy is still on the ropes, law firms have been laying off attorneys, and you are just happy to have a job. Perhaps your interest is corporate work, specifically M&A work. Your firm knows about this interest because you told them when you interviewed. Or maybe that’s what you worked on two summers ago when you were a summer associate at the firm. Nevertheless, M&A work is really slow right now at your firm. Maybe you find out about that, or maybe you don’t know. Either way, it’s your first week of work and you’ll ready to jump in and practice law.
A partner stops by your office as you are pretending to be busy (even though you haven’t been staffed on a case yet). She says, “I have a new case and could use some help. Do you have time?” If you are like most first years, you reply honestly, “I do have time.” It’s the truth, so why not say it? She continues, “Great. Meet me in my office at 3 and I’ll get you started.” That’s the end of the conversation.
What just happened? Before you knew what was going on, you’ve just been staffed. You placed a wager, a huge bet, on a number–but you did it blindly. You have no idea who this partner is, whether she is someone you want to work with, what the case is about, whether it’s even corporate work, and what level of involvement you’ll have on the case. At 3 pm, the wheel stops spinning and you’ll know what you landed on. But don’t be surprised if it’s not your dream case.
The reality is that first years have almost no control over how they are staffed on their first case. They are new to the system, and are generally not aware of what cases are out there, or which partners are managing those cases. It’s practically impossible to say no to a partner when you aren’t staffed on a single case, especially when you are still in your first week. The natural response is just the opposite: yes! whatever you want! Those are the prevailing sentiments.
Our hypothetical associate could have been more savvy: ask the partner what the case is about, who the client is, what the partner envisions the associate’s role to be, how many other attorneys are on the case, what the associate’s substantive role will be, and what percentage of the associate’s total workload the case will require. Those are all astute questions that will gain a partner’s respect and give the associate information about the case that can help him decide whether the assignment is suited to his career path. For example, if the partner says that the case involves massive document review for a complex litigation case that just came in the door, our hypothetical associate may try to decline the assignment by informing the partner that he is interested in corporate work, not litigation. Asking questions doesn’t necessarily guarantee that the associate will be able to refuse the assignment, but it at least gives him information which can lead to options.
The moral of today’s post: when it comes to being staffed on your first case, try to ask the right questions before blindly accepting the assignment. When gambling, you can’t beat the house, but you can help your odds. Do the same with your law career.
