Tips

From Law School to Lawyer
By:  Jonathan D. McDowell
ABA Publishing, Solo, Small Firm and General Practice Division, 2015
Shop.americanbar.org, 214 pp., $ 49.95
Reviewed By: Al Harrison

In his book “From Law School To Lawyer,” Jonathan D. McDowell has delivered a handy Rosetta stone not only for former law students who’ve just passed the bar exam, but also for new lawyers five years or less from obtaining their law license. As a young lawyer with a few years’ experience, McDowell empathetically and comprehensively describes the legal landscape for new lawyers subsumed into “tools, procedures and steps” inherent in growing a meaningful law practice. Key concepts revealed to readers walking through this effective elucidation of the nature of becoming a legal professional might be characterized as “preparation” and “expectation.” The approach to sharing his experience and discoveries is to commence each chapter with the prefix, “What to Do When.”

For instance, in the first chapter, entitled “What to Do When ... You Are Starting Your Firm,” the author advises new lawyers to focus upon three practice principles or “themes”: (1) being humble; (2) acquiring knowledge; and (3) taking a leap of faith. These themes underlie the “why” and, indeed, enable understanding of the teachings and recommendations that permeate the book’s 200 pages. And, in the author’s words, “[a]t every turn in your life and law practice, whether as a solo practitioner or [as] the litigation department chair of the biggest firm in the world, your success largely depends upon” application of these three principles.

Having laid this fundamental foundation for establishing a law practice and concomitant reputation as a lawyer, he then moves to more concrete advice in the next three chapters. Chapter 2 is entitled “What to Do When ... You Are Writing Your Business Plan” and presents a threefold focus: business overview, services to clients, and marketing plan. The next two chapters concentrate upon an essential aspect of law practice: clients. Chapter 3 is entitled “What to Do When ... You Don’t Have Clients” and Chapter 4 is entitled “What to Do When ... You Meet Your First Client.” The author’s clear message is that it’s all about the clients.

To promote effective person-to-person networking, the author suggests routine use of the “5-Question Rule.” When contemplating what to contribute to a conversation at least five questions should preferably be based upon statements or comments already made by another person involved in the conversation. The author’s theory for invoking this networking approach is “We humans like talking about ourselves and subconsciously like people better who get us to talk about things we know. It makes us feel good to blather on about ourselves and we’ll enjoy the conversation.” Before parting company, it is recommended to exchange business cards and to follow up with a brief note or email shortly thereafter.

After addressing start-up issues including challenges associated with obtaining initial clientele, the book focuses upon actual law practice issues such as preparing and commencing the first lawsuit (Chapter 5), filing a federal pleading (Chapter 6) and a case being removed from state court to federal court (Chapter 7), engaging in discovery (Chapter 8), preparing for mediation (Chapter 9), and preparing for appeal (Chapter 10).

Chapter 11, indicative of the author’s insight into and anticipation of “slings and arrows” seemingly unavoidable in early law practice, is devoted to “What to Do When...You Hate Practicing Law.” At first blush, this chapter title is an attention-grabber, albeit rather shocking. It is not intended to diminish a new lawyer’s excitement and enthusiasm for his or her forthcoming law practice, but actually is intended to be an early warning if the practice of law has become characterized with depression rather than satisfaction.

Because of constant pressure to perform to clients’ satisfaction, the author notes that the legal profession has a relatively high incidence of depression, with 15-20 percent suffering alcoholism or substance abuse. Recognizing that every lawyer’s path will be different, a constructive, if not essential, approach is to “Don’t Worry, Be Happy.” That is, when an attorney is feeling “down” much more frequently than feeling “up,” then the author’s advice is to promptly attempt self-help by striving to convert Negative Self-Talk into Positive Self-Talk. Examples of this critical self-help strategy implemented by the Mayo Clinic are tabulated, for convenience, with the objective of preventing depression-related problems from undermining an attorney’s lifestyle and possibly becoming life-threatening.

“From Law Student to Lawyer” should prove to be an invaluable guide and a virtual mentor for newly minted attorneys.

This review was originally published in The Houston Lawyer, Vol. 53, Number 3, November-December 2015 and is being republished with permission from the author and The Houston Lawyer.

Al Harrison is a patent attorney practicing intellectual property law with Harrison Law Office, P.C. and a member of The Houston Lawyer Editorial Board.