Keith Robert Lee - The Marble and the Sculptor: From Law School to Law Practice

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Library of Congress Cataloging-in-Publication Data

Lee, Keith Robert.

The marble and the sculptor : from law school to law practice / by

Keith Lee. First edition.

pages cm

Includes bibliographical references and index.

ISBN 978-1-61438-888-3 (epub)

1. LawVocational guidanceUnited States. I. Title.

KF297.L44 2013

340.02373dc23

2013036898

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For Charlene, forever and always

Contents

Foreword

by Scott H. Greenfield, author of the Simple Justice blog

I remember the first time I stopped by Associates Mind, then just another law student blog to me. Law students. So little grasp and yet so much to say. My general take was that they would look back ten years from now and wince at their navet. But Keith Lee was different.

It wasnt that Keith knew more than the other law students. He was clearly bright, but so were most of them. What distinguished Keith, even then, was his focus on hard work, integrity, and perseverance. Where others whined, Keith worked. When others gave up, Keith worked harder.

As Keith describes in the pages that follow, these are tough times for young lawyers. Whether and how that will change in the future remains to be seen, but as long as law schools churn out more JDs than society can absorb, most laden with debt, limited skills, and an attitude problem, times will remain tough. If you expect things to be different, whether because youre special or because mommy said so, youre in for a rude awakening.

Many of the young lawyers who didnt have the opportunity to read a book like this before taking the blind leap into the abyss of the legal profession are bitter. They feel cheated. They feel abused. They feel that they were fed a pile of lies and left to choke on them. And indeed, there is damn good reason for them to feel this way. Unfortunately, its too late for them to cry over their poor choice.

And thats where Keith excels. Wasting time, effort, and angst on blaming others for your misery gets you nowhere. Lets assume, arguendo, that you are spot on in blaming law schools, law profs, the ABA, your parents, all boomers known and unknown. Now what? Do you sit in the basement and curse them under your breath, or do you get off your butt and make the best of your own situation? The former may be easier and more fun, but the latter gives you at least the chance of success.

This book is about nuts and bolts, from the perspective of a relatively new lawyer who may be only a step or two ahead of you, but who has figured out that its better to light a candle than curse the darkness. Keith gives you a match.

I suspect that his advice and experience, and even his language, will better suit your needs than that of a greybeard like me. Even if I said the exact same thing as Keith, it would come off like a lecture from your father or your boss. This is too important for you to ignore.

But make no mistake, Keiths perspective is neither one of a new lawyer nor old lawyer, but one of a lawyer who refuses to let himself be beaten down by a troubled profession and instead chooses to succeed. It can be done. You can do it. Dont worry about those other guys who cant be bothered reading this book and would rather complain about the misery of their lives.

By getting this book, youve already chosen to take the first step in seizing control of your professional life. When youre done with this book, you will realize that your success is up to you. While there is no guarantee anymore that becoming a lawyer will afford you even a moderately comfortable life, you can significantly improve your chances by doing the things that offer you the greatest opportunity for success.

Though Keiths advice is from a new lawyer, its greybeard approved. You may not care now, but someday you will appreciate that a few of us old guys learned a little something along the way. And while I wont add to your misery by reminding you that the law is an honorable and learned profession, it wouldnt hurt to keep it in the back of your head as you move forward in your career. Its let me sleep soundly for more than thirty years.

Introduction

If youre a new lawyer in todays economy, youre probably asking yourself one of the following questions:

How do I transition from law school to law practice?

How do I get a job?

How can I find like-minded mentors and colleagues?

How do I develop a book of business?

How do I become a good lawyer?

These questions are on the minds of almost every new lawyer, but especially now considering the state of the legal industry. These are the types of questions that weigh on you and keep you awake at night, along with thoughts like Was going to law school really the right decision? or Should I be doing something else with my life? They are natural questions to ask. If you arent asking yourself these questionseven if you have a jobyou are ignoring the world to your detriment.

The entire legal industry is in a state of flux. Legal work is being automated, down-sized, and outsourced. The amount of work is shrinking as well. Clients have become more intelligent and scrutinizing. Corporate work is being moved in-house. Contract attorneys are on the rise. People are turning to Internet services like LegalZoom or RocketLawyer instead of a local lawyer for routine work. Document review mills are bulging with new law school graduates who think they have no other options.

At the same time, law schools are flooding the legal job market with a glut of new lawyers, the majority of whom are unequipped, uninformed, and untrained to deal with the realities of the current legal environment. Its quite possible that youre one of them.

The problem is that law schools teach students how to think like lawyers, but not how to practice like lawyers. They have been miserable at properly preparing their graduates to function as useful attorneys after graduation. In the past, law firms and clients were the ones left footing the bill to train new lawyersbut no longer. Now law firms and clients expect new lawyers to be able to hit the ground running. Especially considering the oversupply of lawyers available, it is easier than ever for law firms to pick up experienced lawyers for low rates. As such, many new lawyers are left without guidance or direction.