Law school is the one thing lawyers all have in common. Whether a trainee solicitor in a regional high street firm, a partner in a multinational law firm, or a barrister working in-house, we all went through much the same experience. But there are some things that were likely never taught. Here Will De Fazio-Saunders, solicitor at Barlow Robbins LLP, discusses 5 of these things.
We all attended lectures and seminars, spent hours poring through textbooks and marking up statute books, and sat exams. We steeped ourselves in Coke, Blackstone and Denning and came out of law school with our minds (more or less) full to the brim with legal theory.
However, we were not lawyers yet. Law school was essential in providing us with the requisite academics to contribute to the profession but out in the ‘real world’ legal theory and legal practice are two very different things.
- How to advise clients
In law school, we were used to writing lengthy essays encompassing statute, case-law and complex legal principles but when a client comes to us with a legal problem, they do not want a 3000-word treatise full of statutory citations and obiter dicta quotations. They probably did not go to law school, and, even if they did, that is not why they are contacting us. Clients want us to explain how we can solve their problem or help them achieve their goal, and explain in a way which is easily digestible - a skill which takes years to learn.
Depending upon our practice, we may come across clients from a range of different backgrounds. Some have no understanding of the law whatsoever and we need to spell out everything. Others are more sophisticated users of legal services, and we want to avoid patronising them, whilst still ensuring that we give full and clear advice. Tailoring advice to each client is a skill which can only be learned over time.
- How to handle costs
Whilst many lawyers may work in-house, and are lucky enough not to need to deal with costs, for the rest of us, costs are a potential minefield – particularly for the freshly minted lawyer.
How to estimate costs effectively to cover the work we are going to do without putting off potential clients by pricing ourselves out of the market; how to approach revising our estimates if we are going to go over budget; and when to take a global, commercial view before billing a client every penny of WIP – dealing with costs is undoubtedly more an art than a science.
- How to deal with complaints
Complaints are, sadly, an inevitable part of the job for most, if not all, lawyers. Even some of the very best and most experienced lawyers must deal with complaints – whether unfounded or otherwise – from time to time.
Typical complaints that arise relate to costs (another reason to ensure that as lawyers we become adept at handling that potentially sensitive issue). Many clients are bound to complain about the final bill when it arrives, no matter how happy they have been with the service and how clear we were from the outset about the costs.
On other occasions, we may need to hold up our hands and admit that perhaps we did not revise our estimate quite as often as we should have done. A lawyer’s first complaint is never a pleasant experience, and it is only over time that one learns how to deal with (and – preferably – avoid) them.
- Marketing
Gone are the days when a firm of solicitor could simply open shop on the high street and expect enough footfall to keep the filing cabinets full of new matters. The legal industry has never been more competitive, and, accordingly, lawyers have never been required to engage in as much marketing as they do today.
Articles and blogs, seminars, networking events – these are all part and parcel of most 21st century lawyers’ professional life, but something law school neglected to cover in lectures and seminars.
- Working at a law firm
Endeavouring to teach law students exactly how to work within “a law firm” would be an exercise in futility, since no two law firms are the same. Like any business, it is only after spending some time at a firm that we learn how the operation functions – how solicitors, partners, paralegals, and support staff work together; the firm’s (and individual lawyers’) approach to writing, drafting, billing, and everything else which goes with the job.
Equally, it is only after working at a law firm – and possibly more than one – that we can be sure we have found the right fit for the lawyers we are, and the lawyers we want to be.
