By Michael Meehan
I have been practicing law for nearly 30 years now, and as this statement reads, I am learning every day, and I am “practicing” law until I get it perfect.
There are over 1.3 million lawyers practicing law in America according to Google, and the great thing about the practice of law is that your practice will be whatever you want it to be. There is no single pathway that every aspiring lawyer must take. In fact, some law school graduates never even get licensed by the bar in their state to officially become a licensed attorney.
Last month, my nephew joined this noble profession when he successfully passed the California State bar and was sworn in as an attorney. I am very proud of him, since I know it is quite an achievement When thinking back to when I passed the bar (back when it was a three day bar exam – old man, “back in my day…” thinking), and I was wondering what it would have been helpful to know when I started practicing law, or what wisdom have I learned since I started practicing. This article is to share those insights with the newly licensed attorneys, but also those colleagues who have been practicing law for longer.
What area of law should you practice?
The best thing you can do is practice law in an area that you enjoy. If you went to law school because you wanted to be rich, I am sorry to disappoint you, but there is no guarantee of wealth. The law gives you the opportunity to have a career and make a living, and many attorneys are successful, some are extremely successful, but it all takes time, and hard work. You can look at which areas of the law generate the most wealth and decide if that is where you want to practice. If you decide that criminal law is your calling, then I would not expect you to end up as the richest attorney from your graduating class. If you are unsure of what area of the law you want to work in, then explore them and see what is the best fit. For me, I knew that I wanted to be in Court, so criminal law was what called me, for you, it can be something else.
What is worth more than money?
I think you need to take a hard look at what makes you wealthy. Is it just money, cars, possessions? Or is it the other things of life? A family, happy children who you know, and you spend time with. Sometimes the pursuit of money will cost you the other things, and you need to decide if it is worth it. Obviously, making a lot of money and sharing it with your family through child support is not the goal, so when you start your career, remember to focus on your life outside of the practice of law. The most successful lawyers have achieved a balance between the law and the rest of their world. Don’t sacrifice one for the other.
What are some of the lessons you should learn from more experienced attorneys?
There are numerous things you will learn in your career, but a few of them I think are worth mentioning here.
- Your reputation is the most important thing you have when practicing law. Do not do something that will tarnish your reputation. Do not lie to the Court, or to opposing counsel. Do not put forward arguments that you do not believe you have legal grounds to justify making (this is not to suggest you don’t argue the law to support your position, but don’t argue law you know is not accurate).
- The legal field is small, and people talk. Don’t think that no one will know what you did in one case, that was a little bit questionable. If it was in court, you may see the judge again in the future. If it was directed at opposing counsel, don’t be surprised if they are opposing counsel in the future, or one day, the former opposing counsel is on the hiring committee that denies you a job.
- Remember that everyone you interact with in your career is important and deserves to be treated with respect. This includes those who work for you, those who work in the opposing party’s firm, and those who work in court. (Especially those who work in court.) You do not want to have a court clerk who hates you, since you don’t know how much they do to make the court efficient, and they can help you or hurt you when you are trying to get something done in the courthouse. Remember that the janitor who cleans the courtroom is a necessary part of the judicial process, and your law degree does not give you permission to treat them poorly. Assume that everyone in the courthouse watches how you treat others, and treating someone poorly will ensure that those who observed it will not be referring cases to you in the future.
- Control your spending, both personal and professional. Do not put yourself so deep into debt that you will be tempted to make bad decisions to avoid the consequences of that debt. In correlation with this rule, make sure you are diligent and meticulous in accounting of your client trust account (IOLTA Account). The state bar in every state is not very understanding if you improperly spend money from the trust account, so don’t even be tempted to take trust money to pay a personal bill on the promise you will pay it back next week.
- Remember your time has value, so don’t give it away. Generally, as an attorney you will have a billable rate (for example, a new attorney at a firm may be billed to clients at a rate of $250 per hour, while a partner at the same firm may bill the client for their time at $1,000 per hour. For instance, you have a friend from college who is starting a business and calls you every couple of days to ask you for legal advice on how to set up the corporation. You feel torn because you were friends in college, so you do not want to send your friend a bill, but if your friend successfully opens a dentistry practice, do you expect to go in there and get free service from your friend? No. So, why should you work for free?
- Trust your gut. As mammals we have instincts that are there to help us avoid danger. Sometimes you are talking to a potential client, and you hear warning bells, but you are near the end of the month, and could use the money, so you have to decide what to do. If you feel the client is not going to be a good fit, or has unrealistic expectations, you are probably better served to let them find another attorney. If you are going to be the 5th attorney in the case, it may be a client issue, and why should you sign up to be the next person they fire? Also, an upset client who is going to threaten to complain to the bar will cost you more than any retainer they are going to pay you. Also, do not take a case where the client wants you to do something that you find to be questionable ethically, though legally you can achieve the goal your client is seeking.
- Make sure your client signs the retainer agreement. There is nothing easier for the state bar to resolve than a fee dispute where the attorney does not have a signed retainer agreement.
- Get a mentor. It is always better to have someone out there looking out for you. someone who you can bounce questions off or ask for career advice. Many attorneys would be happy to help you, if you ask. Take them to lunch. They don’t even have to practice law in the same area that you do. Also, you should join the local bar association. Get to know other lawyers. The bigger your network of friends who practice law, the more likely you will be referred cases, or you will know who you can refer clients to that you trust. Also, be willing to assist others when you can, because one day you may need assistance. When you have the opportunity to watch other attorneys (in court at a deposition, etc.), take it, and learn by observing what they do well, or not so well.
- Ask for help when you need it and offer help when you can. If you have a case that is beyond your comfort level, maybe you can have another attorney help you with it (possibly let them be first chair and you are second chair and you split the fee.) If you do not feel comfortable with a particular case, either develop the expertise necessary or find an expert to assist you and you enhance your expertise from this experience.
- Make sure you stand behind anything you file with your name on it. If someone drafts a motion or pleading for you, read it before you sign or submit it. Do not be in the position where you are standing before the court explaining that you were too busy to proofread what AI wrote for you, so you are sorry that it was not accurate.
- Control the growth of your firm if you own it. Understand what your budget is, and what the expectations are for you to remain within budget and keep track of what you spend. Do not overspend on marketing, with the expectation that it will increase the number of new clients you will be signing. That may work, but what happens if it doesn’t? Will you be put out of business because you can’t pay that bill? Hire new people to join your firm as long as they will help you to get more done or will make it easier for the firm to provide a better service to clients. Once you hire them, train them, and let them do their job. Do not micromanage them, since that drains your time. Also, if someone else can do the job better than you can, then hire someone to do that job. You can’t do everything. Also, remember that owning your own firm is a lot of work, and you are responsible for making sure everyone else is paid before you are paid, and you are responsible for everything your team does for each client.
- Continue to learn. There are seminars offered all the time in every practice area. Go to seminars in person if you can, since it will help you meet other attorneys, and will also give you new ideas on how to improve the way you practice.
- Build a book of clients. Every time you represent a client, the most important thing you can do is to communicate with them. Return their calls promptly, keep them informed. When you represent a client on an issue, and they appreciate your work, they will likely look to you the next time they need an attorney. They become more attached to you than to the firm you work for, so if you happen to switch to another firm, or open your own practice, then it would be helpful to have clients who already want to hire you.
- Take breaks. Take vacations. Recharge your batteries. Spend time away from your law practice. It will recharge you and allow you to be a better attorney when you return. You don’t want to set up your practice so you can’t take a day off without your practice going out of business. If that is the case, then you set it up incorrectly.
- Do not drink or use drugs to excess. There are thousands of stories of attorneys who have been brought before the bar because of an addiction problem that came to their attention. Do not let the state bar tell you that you need treatment, get treatment before it starts causing problems with your practice.
- Stay in your practice area. Most of us cannot practice in all areas of law, since it is difficult to keep current in all areas of practice. Practicing in an area that you are unfamiliar with may cause you to miss things that a person who practices in that area would not miss and may compromise your client. I always refer clients who feel they have a civil case to a civil attorney.
- Keep your promises. If the Court asks you if you can get something filed by a particular date, and you agree to meet that deadline, then don’t miss that deadline.
- Remember it is not personal. You are supposed to strongly advocate on behalf of your clients, but opposing counsel is not your enemy. They are advocating against your client, but you should not personally attack them. If opposing counsel makes personal attacks against you, remind them to confine the arguments to the issues in the case.
- Remember, you can’t win every case. All you can do is learn from your mistakes and not repeat them. If you make a good record, you may have grounds to appeal the decision.
- Finally, if you decide you want your career to take a particular direction, then start looking for people who have successful practices in that area to help you. For example, if you wish to become a judge, meet with some judges and discover the pathway they took to become a judge.
I am sure there is more advice that can be added to this list, but I hope that this helps someone not make the mistakes I have made, and you will love the practice of law, and help others.
Michael T. Meehan
Michael T. Meehan, founder of The Meehan Law Firm, brings over 25 years of exceptional criminal defense experience. A former sheriff and prosecutor, he is renowned for his tenacious pursuit of justice in even the most complex cases. Michael’s unwavering dedication to his clients has earned him a reputation as a trusted and skilled advocate. Outside the courtroom, he is a devoted father to quadruplets, balancing family life with his passion for delivering justice and protecting his clients’ rights.