DTCI: Practical Tips for the Developing Young Lawyer

As this year’s graduates prepare to take the July bar exam, I cannot help but think back to when I was taking the bar and preparing to begin my legal career. A daunting task, certainly. But with the support of many in the Indianapolis legal community, I got through it with only a few bumps and bruises. And I learned a lot along the way. For the developing young lawyer, this article offers some practical guidance to help you continue growing professionally.

Develop good billing habits early

Most young lawyers will begin their careers at law firms or companies that require billable hours. Billable hours serve two main purposes. First and foremost, billable hours are how law firms get paid for the legal services they render. Additionally, law firms use billable hours as a way of measuring and evaluating the productivity and profitability of lawyers. For these reasons, it is best to develop good billing practices early so that your bills are accurate and truly reflect the value you bring to your firm. Below are a few tips I have learned that you can put to use to build good billing habits.

Be familiar with and follow the client’s billing guidelines. Many clients you work with, particularly if they are insurance companies, will have specific guidelines for billing. Before you start billing to a file, check to see if the client has any such guidelines. Some clients require certain task codes. Other clients require that tasks be billed using specific descriptors. All these things will be covered in the client’s billing guidelines. If your client has guidelines, they will expect you to know them and follow them.

Record your time promptly. If possible, record your time when you complete the task. Your time entries will be more accurate and detailed for it. If for some reason you don’t have time to record as you are completing the task, record your time for that task as soon as possible and preferably before the end of the day. The longer you wait to complete your time entries, the less accurate they will be and (according to the research) the more likely you are to capture less time than you actually spent. You will spend more time trying to remember what you did than writing the entry itself. You will be a more efficient biller if you bill it as you complete the task.

Be detailed in your time entries. Writing detailed entries helps you keep track of exactly what you have done on a file and is also useful for the client. Clients want to know what they are paying for, so tell them. You do not want to find yourself in a situation where you have to try to recall and explain to the client exactly what you billed 4.2 hours for over two months ago. Writing sufficiently detailed time entries will prevent this. In addition, a client is much less likely to question a time entry if it describes the task completed with sufficient detail. A sufficiently detailed time entry includes not only the “what” of your billable work but also the “why,” “who,” “how” and “where.” An entry that states “review and analyze Plaintiff’s personnel file from XYZ, LLC for purposes of evaluating lost earning capacity claim” is much better and clearer than an entry that states simply “document review” or “review Plaintiff’s employment records.” If you are reviewing a document that has multiple pages, write the page number in your time entry. An entry that says “review and analyze medical records (183 pages) from ABC Hospital for purposes of evaluating Plaintiff’s injuries” provides a clearer context for the 1.6 hours you billed than if you had simply written “review voluminous medical records from ABC Hospital.”

Break your time down into as many discrete parts as possible, and avoid block billing. A “block” billing entry makes it difficult to tell how much time was spent on a particular task. For example, an entry that indicates you spent 4.2 hours on “review interrogatories; prepare objections; preparing responses; telephone call with opposing counsel to discuss issues with interrogatories,” does not give the client a good idea about how much time was spent completing each task. Such time entries raise flags and make clients suspicious of the time reported. Some clients will specifically prohibit block billing and summarily reject such entries. Whether or not the client requires it, it is a good practice to break down your time. Most projects can be broken down into discrete sections. For example, preparing responses to interrogatories can be broken down into “plan and outline responses,” “prepare responses to interrogatories 1 through 6,” and so on. Reports to clients can be broken down as follows: “Begin preparing evaluation report to client, prepare section I addressing material facts of case,” “continue preparing evaluation report to client, prepare section III addressing liability and applicable law,” or some other variation. The point is, breaking down your time entries will lead to more accurate and detailed entries that clients are less likely to question. You want to avoid having to deal with an appeal of a billing entry because you block billed. The time it will take to amend the entry to conform to the client’s expectations is time that could have been spent doing more productive work on the file.

Do not censor or discount your time. Record every minute you spend on a task no matter how long it took you. Young lawyers often fall prey to the temptation to cut their own time, especially if they believe they have taken a long time on a task. Do not do it. By cutting your time, you not only cheat yourself out of well-earned time, but you also cheat your firm out of potential billings. Do not get caught up with how long you spend on tasks. Yes, it will take you longer to complete tasks than senior lawyers at your firm. As a new lawyer, you will sometimes be aghast at how long it took you to complete a project or task. Embrace it. This is a natural part of the learning curve for young lawyers. Your superiors understand it, and they appreciate it. They were once young lawyers, too.

Learn from others. Spend some time reviewing the billing entries of more senior attorneys at your firm, particularly those who are known for having good billing practices and high collections. In some firms, this information may be readily accessible without having to ask. Other times, you may have to ask for it. Either way, take the initiative to see how other successful lawyers record their time.

Do not be afraid to ask questions and own your assignments

To continue developing as a young lawyer, you must never stop learning. Learning requires that you ask questions when you have them. When you are given an assignment or a task by a senior attorney within your firm or company, do not be afraid to ask questions about it. If a question comes up along the way, take the time to sit down with the assigning attorney to address the question. Doing so ensures you know exactly what the partner and client expect from you. Senior attorneys want you to ask questions. It not only shows a sense of ownership of your assignment; it shows that you are actually invested.

When you get an assignment, own it. Act like you are the only person responsible for the project and treat it as if you are preparing the final product for submission. Treat the assigning partner as you would a client. If you take ownership of your assignments, you will succeed.

Along the same lines, own up to your mistakes. If you make a mistake, come forward, offer a solution, and take responsibility for fixing it. You will gain more respect from your supervisors by taking responsibility than by blaming others for the mistake or, worst of all, trying to hide it.

Maintain composure and civility when dealing with a difficult attorney

If you find yourself having to deal with an uncivil attorney, document the behavior. Confirm every oral communication you have with them in writing. Create a paper record documenting their behavior. This not only captures their misbehavior but also protects you in the event the attorney tries to turn things around on you. As necessary, have a colleague join phone calls or meetings so there is a witness. If you expect opposing counsel to act inappropriately during a deposition, videotape the deposition.

No matter what, NEVER reciprocate misbehavior. Doing so only does a disservice to your client and your professional reputation. It does not further your client’s goals and objectives in the litigation. If anything, it complicates matters and creates barriers to resolution. There is a common misconception that zealous advocacy requires us to practice law with an “attack dog” mentality. This is simply not true. You can still zealously advocate for your client while being respectful and civil to those parties and attorneys on the other side. Beat your opponent using the facts and law, not gamesmanship, bullying tactics or personal attacks. When you do beat an opponent, do not gloat or brag. Shake hands, be civil and leave a good impression. You may have to see that person on the other side again.

Take time to focus on self-improvement

You have worked hard to get where you are, but the work is not over. Developing as a successful lawyer requires you to constantly improve and refine your skills, whether those be your writing, research, or deposition skills. Dedicate some time each week to improving a skill. It can be an area in which you consider yourself weaker, or it can be a strength you want to refine and build upon.

If you want to refine your deposition skills, ask a partner or supervisor if you can attend their next deposition. While lawyers typically cannot bill for simply watching a deposition or a trial, the experience is invaluable. If you cannot attend a live deposition, review others’ deposition transcripts and outlines. Watch videotaped depositions. You can learn how to take better depositions by seeing how others take theirs. Do not limit yourself to reading the transcripts of only the top attorneys. Read those of as many attorneys as possible so you can study different styles. This way, you learn something from every attorney, even if it is how not to do things and what approaches are not particularly effective. Spend time reviewing your own deposition transcripts as well. Identify mistakes, learn from them and improve upon them.

If you want to improve your oral advocacy skills, watch others in court. Read the hearing transcripts of other attorneys to find out what they are saying to the judge and how they argue their cases. See what works and what does not, and strive to emulate what you feel works and avoid what does not.

Develop your leadership skills early by taking on new challenges, seeking mentorship from top performers, building your expertise in a practice area, and developing your signature brand. Volunteer for writing and speaking opportunities. Take the time to mentor new lawyers at your firm.

You benefit yourself, your firm, and your clients when you take time for self-improvement.

Prioritize self-care

Practicing law is a very stressful and demanding career. You will work long hours. You will work hard. You will be challenged every day. You owe it to yourself, your firm, and your clients to take good care of your physical and mental health. You will be a better lawyer for it, and you will enjoy the practice of law exponentially more. Take intentional time for yourself every day, be it meditation, running, or reading your favorite author. Take breaks throughout the day to let your mind rest and break up the day. Take a short walk. Go for a coffee. If you like traveling, always have a trip planned to have something to look forward to. Most important, recognize the signs of burnout, such as feeling overwhelmed, difficulty concentrating, fatigue and loss of interest or care. Be self-aware and recognize when you need to take a break or you need to talk to someone. If you are uncomfortable speaking with a friend or colleague, speak with someone at JLAP (Judges and Lawyers Assistance Program) for confidential assistance. Your health and well-being should always be your top priority.•

Jordan Slusher is an associate attorney at Kightlinger & Gray LLP and the chair of the Young Lawyers Committee of DTCI. Opinions expressed are those of the author.