The first of June is typically marked by the arrival of interns at the Levison Towers. The fresh new faces walk amongst us, asking where the file room or the bathroom or the conference room are located. This year, however, no interns joined us. Given the current legal job market, the work they would’ve performed is being handled by lawyers. Often for the same salary as an intern.
Employment woes were on the mind of my friend Stuart Thomas this week as well. Stu and his young associate Mark O. Polo III parted ways recently. It seems that in their eight month relationship, young Polo thought it was okay to show up at the office late so long as he worked late (it wasn’t) and that checking with other employers about potential jobs wasn’t taboo (it was).
“He even had the nerve to tell me he expected quantum meruit pay for working on cases in my office!” Stuart told me. “What did he think his salary was for?” Quantum meruit is compensation a lawyer receives for working on a case before the attorney-client relationship is terminated. Stuart was astounded that Polo graduated from law school without understanding the concept.
“After all the times we had dinner together! This is like a slap in the face,” Stu said. “I should have fired him the first time he was ‘too busy ‘ to cover a motion for me.” When he left, I was uncertain if he was more angry or stunned.
It all seemed a little foreign to me as well. My mentor was a father figure in my early days after law school. He remains a friend today. I never would have thought for a second to tell him that I “expected” anything. Although it sounds archaic in this day and time, I recognized that I was an associate – an employee – and didn’t deserve to expect anything.
While I had numerous dinners and even glasses of wine with my mentor, I maintained him in a place of respect rather than equality. I did everything from legal research to computer repair for his firm, and was glad for the opportunity. Perhaps this is why I remained in his employ for over a decade. Stuart Thomas’ employment experience mirrored mine, as did the experience of most of the lawyers of my generation. (I shudder to think how old I must sound by saying “my generation.” Judging from the faces of lawyers I have practiced with for the last couple of decades, I can guess how old I must look.)
To some extent, my friend Stuart is to blame for his situation. Rather than train his associate like an employee, the way he had been trained, Stu wanted to be a friend first and an employer second. This might work in some situations, but his associate (like many of the current law school graduates) mistook the kindness for weakness. Unfortunately for the now unemployed Polo, when he underevaluated his employer’s position, he overevaluated his own. He faces a stormy job market with the wind of a less than glowing reference to fill his sails.
Young lawyers, while the practice of law has changed in many respects, some truisms remain. The legal arena might look different than it did 20 years ago, but certain principles have not changed.
Looking for a job is a good way to need to look for a job.
Legal jobs are scarce these days. The practice of law is stressful, time consuming and often frustrating for young lawyers. Just like it has always been. If you think the grass might be greener at another law firm, venture with care. Most law firms expect loyalty and do not look kindly on job hunts – especially those that take place on law firm time or over law firm e-mail. This puts an unhappy lawyer in a precarious position of looking for a new job while trying to protect their current employment. Sometimes a break is needed. Other times, a young lawyer should recognize that the grass might be greener on the other side of the fence because his neighbor is watering the lawn.
The practice of law is oftenhard and seldom glamorous.
I know a young lawyer who is working her first law job. She leaves every day promptly at five, gets into her Mercedes and drives to the most elegant restaurants in town for dinner with her friends. I don’t actually know this lawyer – I just watch her weekly. In fact, she is not a lawyer. She’s an actress, and her job is on TV. The only places where young lawyers have plenty of money and free time is on television and in their dreams. A lawyer right out of law school is not qualified to handle complicated matters and therefore must earn his keep doing more mundane tasks. High-profile and complicated cases are the realm of partners, not associates. Don’t forget that those partners started out as associates. I can assure you that they didn’t like it either.
The legal job market is as bleak as it has ever been for young lawyers. This necessarily makes the life of a young lawyer more stressful. Those that have a job should count their blessings. Do well at this position and make a name for yourself so that your next position will be a better one. Just like in the old days.
©2012 under analysis llc. under analysis is a nationally syndicated column of the Levison Group. Spencer Farris is the founding partner of The S.E. Farris Law Firm in St Louis, Missouri. Stuart Thomas is NOT looking for lawyer resumes at this time- thank you for your interest. Comments or criticisms about this column may be sent c/o this newspaper or directly to the Levison Group via email at comments@levisongroup.com.