THE MODERN RULES OF BUSINESS ETIQUETTE
SECOND EDITION
Donna Gerson and David Gerson
Cover design by Jill Tedhams/ABA Publishing.
The materials contained herein represent the opinions of the authors and/or the editors, and should not be construed to be the views or opinions of the law firms or companies with whom such persons are in partnership with, associated with, or employed by, nor of the American Bar Association or ABA Publishing unless adopted pursuant to the bylaws of the Association.
Nothing contained in this book is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. This book is intended for educational and informational purposes only.
2014 American Bar Association. All rights reserved.
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Library of Congress Cataloging-in-Publication Data
Gerson, Donna, author.
The modern rules of business etiquette / Donna Gerson, David Gerson. -- Second edition.
pages cm
Includes bibliographical references.
e-ISBN: 978-1-62722-398-0
1. Commercial law--Handbooks, manuals, etc. 2. Business etiquette--Handbooks, manuals, etc. 3. Etiquette--United States. I. Gerson, David, 1963- author. II. Title.
KF319.G47 2014
395.5'2--dc23
2013051210
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Eunice Burns (played by Madeline Kahn):
Dont you know the meaning of the word propriety?
Judy Maxwell (played by Barbra Streisand):
Propriety Noun: Conformity to established standards of behavior, or manner, suitability, ripeness or justice. See etiquette.
From Whats Up, Doc? (1972)
Contents
About the Authors
Donna Gerson is a former contributing editor for Student Lawyer magazine. She is the author of several books on professional development issues, including Choosing Small, Choosing Smart and Building Career Connections . Donna graduated from the University of Pennsylvania, earned her law degree from Temple University Beasley School of Law, and also has a masters degree in library and information sciences from the University of Pittsburgh. She served as the director of the career services office at the University of Pittsburgh School of Law between 1993 and 2001.
David Gerson is a partner in the Philadelphia office of Morgan, Lewis & Bockius LLP, where he practices in the firms Business & Finance Practice Group. His practice focuses on representing financial and strategic buyers and sellers in mergers and acquisitions, as well as governance and general corporate matters. David earned his undergraduate degree from the University of Pennsylvania and his law degree from Harvard Law School.
Preface
Could a book about etiquette for lawyers be a bit like a book about vegetarianism for a tribe of cannibals? We think not and disagree (politely) with anyone who assumes otherwise. While there are certainly a number of excellent books on manners for the general public, there are no comprehensive resources that discuss etiquette and the legal profession specifically.
The Modern Rules of Business Etiquette will teach you the not-so-secret secrets of how to behave like a proper gentleman or lady who is also an officer of the court. Why should the rules of etiquette concern lawyers? Good manners are, simply put, good for business. No matter how brilliant your legal brain may be, if you fail to treat others with respect and kindness, then you will not enjoy the professional success you desire. Dont believe the hype: Nice lawyersand talented professionalsfinish first.
In The Modern Rules of Business Etiquette, you will learn the rules of good manners and the pitfalls of bad behavior, from the time you interview, through your early years as a lawyer, to partnership, and beyond. Our twelve easy-to-read chapters provide practical guidance and tips for everyone, from entry-level associates to the most senior partner. After all, its never too late to learn good manners.
What qualifies us to write this book? A reasonable question, no doubt. David is a partner in the business and finance practice at a major international law firm, and he spends his days (and many nights and vacations) in continual telephone, email, and face-to-face contact with clients, other lawyers, staff members, outside consultants, transaction counterparts, and opposing counsel. He has served on his firms advisory board and as the leader of his offices business and finance practice group. He sees the theory and practice of formal and informal systems of etiquette and conductand their positive and negative impactsevery day. Donna is a former contributing editor for Student Lawyer magazine and writes extensively about professional development issues. She lectures at law schools across the U.S. When visiting law schools, Donna meets with law students and recent graduates to learn first-hand about the issues and concerns weighing on the minds of those seeking jobs in a very challenging legal market. Both Donna and David have witnessed first-hand some truly appalling manners throughout the profession and have lived to tell the tale.
Weve been married for over twenty-five years and have been exceedingly polite to one another, with some notable exceptions that dont bear repeating here (no matter how funny they are in hindsight). While good manners are not the sole key to our success, we believe they do count as a big plus in our lives. (Just ask our son, whose lot in life is to be reminded of the rules of etiquette constantly by us both, to his evident joy.)
We do hope you enjoy this book and gain a better understanding of the importance of good manners. We welcome your comments, so long as they are considerate in tone and well written. Donna is a sparkling presenter and witty raconteur, and she would be pleased to speak at your law firm, bar association, or law school. (Davids billable hourly rate is oh, never mind.) Thank you for your consideration and happy reading.
Donna and David Gerson
Philadelphia, Pa.
Chapter One
Interview Etiquette: Setting the Stage for Success
Where better to begin to apply the rules of professional etiquette than at the beginning? Your job interview sets the tone for future employment. While your academic credentials and work experience are factors taken into consideration by an employer, your behavior throughout the interview process will spell success or failure as a job candidate.
Stories abound regarding interview transgressions that smack of poor behavior, thoughtlessness, and lack of common sense (which, apparently, is less common than previously thought). A candidate with stellar credentials who is nonetheless a boor will bear the consequences of his poor behavior. Conversely, the competent academic candidate with excellent interpersonal skills and evidence of a strong work ethic may be able to sway a hiring partners decision-making process in his favor.