Thursday, July 08, 2004

 
I sent a quick e-mail to a summer associate yesterday asking for some research on an issue I'm doing a little bit of work on during my vacation downtime. I get an e-mail back a little bit later with some language he said he found that's right on point. So I e-mail him back to send me a copy of the case. I pull it up on my laptop. He fudged the quote. He cut and pasted from the case, but he changed a whole bunch of words, and basically the entire implication, to make it fit the issue better that I'd asked about. I sent him a note back asking why it didn't match, and he writes back, "Oh, I figured you just needed a sense of what it said, so I paraphrased." I don't know if I'm furious or just confused. I wrote him back and told him not to do that anymore, and just to pull actual language from cases, and then I wrote him back five minutes later and said I changed my mind and I'll get someone else to do the research. This is why law students are useless.

Comments:
Dude, it is called MENTORING. You are supposed to teach your more junior attorneys; you're a moron if you think attorneys come straight from law school fully-formed.

You are a disgrace to your profession; attorneys are supposed to help train the younger members of the profession. Your lack of people skills--terrible. Why are you even in this profession?
 
For the $$$$$.
 
Sorry to disagree, but where exactly does this Summer got to law school that he would think he could use inaccurate language to state a point of law? I am still in my first year but it is stresed repeatedly here (to the point of pain) that you must be able to formulate an ACCURATE, CONCISE statement of the rule -- and that paraphrasing is rarely, if ever, appropriate when citing language from a case. That's all your "memtoring" attorney needs: to go into court relying on some slipshod piece of work that some high-minded associate thought would be 'close enough.' Mentoring is to teach you what you DON'T know, and correct mistakes in your understanding -- not teach you Law 101.
 
Oh yeah? Do you know everything about the law then, pal? Law school's great--that socratic method, wonderful teaching tool! In fact, if you know so much, I'll bet you're ready to take the Bar at the end of July, right?

Dude, law school does a generally shitty job of teaching one how to be a lawyer. Give a kid some slack; after two years at Harvard reading cases alone was still a struggle.

It never hurts to be nice and try to help someone along. Law is a profession--act honorably!
 
No, I certainly do not "know everything there is to know about the law." What I do know from my first year is how far I have to go -- unlike many of my classmates who are full of themselves because they 'survived' 1L. I am not anywhere near ready to be a productive summer associate for a firm like AL's. I am preparing to be. I agree that mentoring is important, especially given the dismal education produced by most law schools, but why should that be acceptable to either the students or potential employers? My school is rigorous and generally good about teaching substantive subjects and demanding about accuracy and responsibility. However, the research & writing program are useless. Just because I can make it through and get a decent grade does not mean that my work or knowledge is professional quality. As an alum, I will be sure to make that point in the hopes that they will improve the quality of instruction. In the meantime, I am seeking out a legal writing course and feedback from professionals to try to pull myself up to par. Law students across the board are amoung the brightest individuals - so it amazes me that they so easily accept mediocrity in themselves and the institutions they attend, and then expect the people who pay them to accept it as well. In what other profession is it acceptable to blame poor performance on the employer?
 
Just for those who will be taking great pleasure in pointing out the numerous typos in my previous posts - these are quick notes jotted down on an informal blog - while doing other work - and still my oversight bothers me. If this were an academic or professional writing, I would deserve every single criticism tossed my way for my lack of diligence. Perhaps that is even appropriate here.
 
Apparently, you don't go to a very good law school.

The point is not to blame law firms except when law firms don't mentor junior attorneys. You said your law school didn't do a good job of teaching you legal research and writing--should a law firm now penalize you for that and not care? Alternately, should a law firm--in order to develop you as a "productive summer associate"--try to train you and improve your writing?

Which firm would you rather work for--the one that fires you or the one that mentors you?
 
The one that fires me.
 
AL should be furious, not confused. This is a no brainer, regardless of what law school you attended, where you ranked in your class, or the "quality" of the firm for which you work. Summer associate's conduct is patently unacceptable.
 
Of course most people would prefer to work for a firm that trains rather than fires. I think the earlier post simply asks why they should have to accept less than what they are paying for. This is especially true when the starting salaries so exceed the value of the work produced. Just because they pay you X-amount doesn't mean you are worth it, but that seems to be the attitude of most people coming out of law school these days. Like the first year student, I wonder what has happened to any sense of personal responsibility. It is rarely seen at my (mid-size) firm. I can only imagine the frustation of employers paying $100K+ for the kind of perfomance AL's Summer Associate turned in.
 
This proves why attorneys should do their own research.
 
This comment has been removed by a blog administrator.
 
 
Is anyone else having one hell of a time trying to figure out the logical progression of these arguments in the comments section, especially since everyone is labeled "anonymous?"
 
If a law student, an individual who has, presumably, already completed an undergraduate degree, cannot (1) explicitly denote whether something is a paraphrase or verbatim quote, and cannot (2) accurately summarize the ratio in a legal case, then something is wrong.
 
I'd probably explain the issue to the individual and give them another chance. If they goof-up again, have security escort them to the door.
 
P.S.: Am I the only one who hates the giant size of text in the comments section?
 
Hi AL. I just wanted to let you know that you should be "confurious" or "confuriated" and then go and copyright or trademark or whatever the word. It's a good way to describe in just one word two emotions which I often have together. And unfortunately, I usually get it when dealing with my attorneys. PS - take a break! You're on vacation!
 
Sorry, but where I come from and where I went to school this is cause for firing and expulsion. He lied, simple as that. Definitely no offer, and better yet tell this youngster to back his bags.
 
Sorry, but where I come from and where I went to school this is cause for firing and expulsion. He lied, simple as that. Definitely no offer, and better yet tell this youngster to back his bags.
 
Sorry, gotta go with AL on this one. There's no excuse for someone who has made it through two years of law school to incorrectly paraphrase a case's holding. If you can't paraphrase it accurately, then you didn't understand it. And it's awfully hard to "mentor" someone into understanding the law. You can mentor someone into good mechanical legal skills. But the basics, i.e., reading and understanding law and restating it correctly to answer an issue? No. I will add, however, that I've had many very experienced adversaries who misconstrue cases, either out of stupidity or purposefully in the hope that no one will pick up on it.

Rufus T. Firefly

http://runningwithlawyers.typepad.com
 
Sorry, gotta go with AL on this one. There's no excuse for someone who has made it through two years of law school to incorrectly paraphrase a case's holding. If you can't paraphrase it accurately, then you didn't understand it. And it's awfully hard to "mentor" someone into understanding the law. You can mentor someone into good mechanical legal skills. But the basics, i.e., reading and understanding law and restating it correctly to answer an issue? No. I will add, however, that I've had many very experienced adversaries who misconstrue cases, either out of stupidity or purposefully in the hope that no one will pick up on it.

Rufus T. Firefly

http://runningwithlawyers.typepad.com
 
It's true; some people are just too dumb to be lawyers. Thankfully, most of them go to bad schools like Georgetown, Fordham and Duke.
 
There's a different between mentoring understandable confusion and accepting incompetence. I'm not a lawyer. But you learn first year college you don't change quotes. How stupid can you be?
 
Based on the info AL provides, the summer did something anybody with a college degree should know is wrong. It probably isn't bad enough to warrant showing the kid the door, but he certainly doesn't deserve an offer. (Yet plenty of summers who don't deserve offers get them anyway.)
 
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