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The practice, part II

The uncivil litigator has responded to my reflections on the practice of law in small vs. large firms. I cannot dispute his comments. My view of the practice in large firms is weakened by that fact that I have never worked in a large firm. Uncivil has seen both, working as an associate in a large firm now, and having worked in a small firm before graduating from law school. His superior view of the difference brings up a key piece of advice for anyone considering a career in the law: try to get experience working in as many diverse areas of the law as you can before you graduate and make the leap into one of them.

When I was in law school, I interned with a federal magistrate and worked in the criminal law clinic, representing indigent defendants in the huge Marion County public defense system (under the competent supervision of a pair of seasoned veterans). Both of these experiences helped me formulate my view of the practice of law and how I wanted to do it. Coming out of law school is like being at Kennedy Airport: you can go just about anywhere, but once you hop on the plane (take a position) your options suddenly disappear, and changing destinations can only be accomplished with much difficulty and sacrifice.

Uncivil points to an aspect of the practice in big firms that is certainly appealing: In small firms, attorneys tend to do much of the grunt work themselves, while in big firms, with extensive staffs and infrastructure, attorneys are freed to focus on the true work of a lawyer. I must admit this rings true to me. I don’t run paperwork down to the courthouse myself. I have a secretary and a paralegal to handle most of the true grunt work, but my job entails many tasks that have nothing to do with the law. I am the tech support person for the office. I had to set up and maintain the accounting package. Often, I end up running my own copies, sending faxes, and doing other tasks that are easier to do myself than wait for someone else to get the time to do it. I know local attorneys who even clean their offices themselves (although I think it has to do with being cheap).

Lawyers like me, who handle a variety of legal matters for their clients, in many areas of practice, are a disappearing bread. Being a “generalist” can leave you on unequal footing with the specialists in the big firms. One of my client’s operates a business that is of a type where he often gets sued by his customers. He has insurance for this risk, so I frequently get to work with an attorney at a big firm retained by the insurance company whose major focus in life is defending people in my client’s business from this particular type of claim. His experience and skill in this area is impressive (they have not had to pay a claim yet). What I give my client is affordable access to legal assistance with more mundane concerns (leases, licencing, employees, etc.) plus a contact when he, his family or friends need help with a family law issue, bankruptcy (or maybe a criminal matter).

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