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Jason Mendelson. How to Be a Lawyer
Table of Contents
List of Illustrations
Guide
Pages
How to Be a Lawyer
About the Authors
Acknowledgments
Why We Wrote This Book
CHAPTER 1 The Divide Between Law School and Lawyering
CHAPTER 2 The Core Concepts of Lawyering
Empathy
Listen First, Talk Second
Ask Questions
Always (Usually) Give Advice
Wait…What?
CHAPTER 3 Understanding the Importance of Law School Rankings on Your Future
CHAPTER 3 Classic Coursework (What Is It Good For?)
Torts
Contracts
Constraining Behavior and Aligning Incentives
Transaction Costs
Agency Costs and Information Asymmetry
Reputation Constraints
Civil Procedure
Property
Criminal Law
Constitutional Law
Legal Methods/Writing/Research
Evidence
Ethics and Professional Responsibility
CHAPTER 5 Choosing Proper Electives
CHAPTER 6 What Should You Get Out of Law School?
CHAPTER 7 Be a Fiduciary
Principle 1: Know If You're Acting as a Fiduciary and on Whose Behalf
Example A
Example B
Principle 2: Slow Down
Principle 3: Seek Advice and Help
Principle 4: Always Put Your Clients' Interests Ahead of Your Own
CHAPTER 8 A Short Primer on Negotiations
Negotiation Tactics
What Really Matters?
Preparing for the Negotiation
A Brief Introduction to Game Theory
Negotiating Win-Win Agreements
Negotiating Other Games
Negotiating Styles and Approaches
The Bully (aka UAW Negotiator)
The Nice Guy (aka Used-Car Salesman)
The Technocrat (aka Pocket Protector Person)
The Wimp (aka George McFly)
The Curmudgeon (aka Archie Bunker)
Smooth, Steady, and Smart (aka Dianne Lockhart from The Good Wife)
Wait. What about Someone Who Is Actually Normal?
Collaborative Negotiation Versus Walk-Away Threats
Building Leverage and Getting to Yes
Notes
CHAPTER 9 Preparing for the Job Hunt
You on Paper
Social Media
Telling the Story
Networking into Employers
Mindset
Career Placement Services
CHAPTER 10 The Bar Exam
CHAPTER 11 You Got the Job—There Is No Time for Rest
CHAPTER 12 The Fourteen Commandmentsfor New Lawyers (Okay, How about“Strong Suggestions”?)
1: Have a Learning Mindset
2: Rely On but Mistrust Forms
3: Beware of the Foggy Project Trap
4: Never Consider Anything That Goes to a Senior Colleague or Client to Be a “Draft”
5: Be More Organized Than Others
6: Take Ownership Without Request
7: Invest in Your Management Skills
8: Have a Three- to Five-Year Horizon
9: Plan to Develop Near-Term and Long-Term Advantages
10: Understand How to Best Use and Foster Mentor Relationships
11: Flatten Hierarchies
12: Own Your Mistakes
13: Know What a Junior Lawyer's Value Is
14: Keep Your Own List
Bonus Commandment for Those Working with Contracts!
CHAPTER 13 Common Mistakes New Lawyers Make That Limit Careers and Anger Clients
Forgetting You Are in the Services Industry
Getting Frustrated and Thinking People Are Idiots
Having Loose Lips
Assuming Each State Has the Same Laws
Treating Administrative Staff Poorly
Having a Sexual Relationship at Work
Being Inconsiderate of Others' Calendars
Forgetting You Are the Leverage
Forgetting Who the Client Is
Assuming Other Lawyers Are Good People
Shortchanging Research
Failing to Understand Basic Intellectual Property Law
Talking to Another Attorney's Client Without the Attorney
Screwing Up Billing (If You Bill Clients by the Hour)
CHAPTER 14 Relationships, Difficult Personalities, and Being the Calmest Person in the Room
Challenging Personalities
The Lawyer's Job When It Comes to Challenging Personalities
General Approaches to Managing Challenging Personalities
Sampling of Challenging Personalities and Tips for Dealing with Them
Parting Thoughts
Note
CHAPTER 15 Understanding Current Technology
CHAPTER 16 Words from the Wise
Guest Chapter 1
Short background on why I went to law school
What frustrated me most about coming out of law school and/or what frustrates me with regards to people I work with or hire who are newly out of law school
How have you used (or not) the core concepts of lawyering as this book proposes: Empathy, Listening First, Asking Questioning, and Giving Advice?
Biggest mistake(s) you made while in law school
What class(es) did you wish you had taken while in law school? In or outside the school? What about today?
Most useful classes in law school
How did you decide what to do post-law school? With hindsight, how good of a job did you do?
Biggest mistake you made at your first job
Best advice you received or have given for those coming out of law school
Worst advice you received or have given for those coming out of law school
How have you remained happy in your profession? Have there been times when you were not? If so, what did you do to improve your situation?
If you could go back in time and tell your younger self something about making the transition from law school to the real world, what would it be?
Guest Chapter 2
Short background on why I went to law school
What frustrated me most about coming out of law school and/or what frustrates me with regards to people I work with or hire who are newly out of law school
How have you used (or not) the core concepts of lawyering as this book proposes: Empathy, Listening First, Asking Questions, and Giving Advice?
Biggest mistake(s) you made while in law school
Most useful classes in law school
How did you decide what to do post-law school? With hindsight, how good of a job did you do?
Biggest mistake you made while at your first job
Best advice you received or have given for those coming out of law school
Worst advice you received or have given for those coming out of law school
How have remained happy in your profession? Have there been times when you were not? If so, what did you do to improve your situation?
If you could go back in time and tell your younger self something about making the transition from law school to the real world, what would it be?
SUCCESS in the legal profession
Guest Chapter 3
My Background
The Legal Profession Needs You
Lawyer Skills
Litigation and Trial Skills
Write, Write, Write
Be a Storyteller
Be Happy
LITIGATION/Trial Skills9
Guest Chapter 4
Don't Close Doors
Remember, Reputations Are Sticky
Listen, a Lot
Be Authentic
Guest Chapter 5
Prologue – An Anecdote
A Few Ideas on How to Be a Lawyer that Only Halfway Correlates with How I Have Actually Behaved, as We Collectively March Toward the Year 2100
Epilogue – Quicker, Unranked Observations, as We Collectively March Toward the Year 2100
Guest Chapter 6
Short description of my law school experience
The Path of My Legal Career
Law Is a Service Industry
What is frustrating about new graduates? How have you used the core concepts of lawyering this book proposes?
Biggest mistake(s) you made while in law school
What to learn while in law school
Most useful classes in law school
How did you decide what to do post-law school? With hindsight, how good of a job did you do?
What was the biggest mistake you made while at your first job?
What was the best advice you received or have given for those coming out of law school?
What was the worst advice you received coming out of law school?
How have you remained happy in your profession? Have there been times when you were not? If so, what did you do to improve your situation?
Guest Chapter 7
Deliberate Practice and the Arc of a Legal Career
What is deliberate practice?
What are the elements of expertise for deal attorneys?
Design a Deliberate Practice Training Regime
Guest Chapter 8
The nontraditional reason that had a kinda-sorta traditional outcome—Why I went to law school and what happened when I got there
Dang, THAT Is Irritating! (Or what frustrates me about people newly out of law school)
The Importance of Empathy, Listening, Asking, and Giving Advice
Boy, That Was a Doozy
Moot Court Prepared Me for Life. Legal Writing Prepared Me for Art
My Life Is a Series of Accidents, but I'm Fine
Don't Leave the House Without Lipstick—The Best Advice
You Have to Wear a Skirt, and Other Bad Advice
If Someone Tells You They Are Happy All the Time, They Are Lying
If you could go back and tell yourself something about the transition from law school to the practice of law what would it be?
Guest Chapter 9
Short background on why I went to law school
How have you used (or not) the core concepts of lawyering as this book proposes: Empathy, Listening First, Asking Questions, and Giving Advice?
Most useful classes in law school, and what class(es) did I wish I had taken while in law school? In or outside the school? What about today?
How did you decide what to do post-law school? With hindsight, how good of a job did you do?
Biggest mistake you made while at your first job
Best advice you received or have given for those coming out of law school
Worst advice you received or have given for those coming out of law school
How have you remained happy in your profession? Have there been times when you were not? If so, what did you do to improve your situation?
Guest Chapter 10
Short background on why I went to law school
What frustrated me most about coming out of law school and/or what frustrates me with regards to people I work with or hire who are newly out of law school
How have you used (or not) the core concepts of lawyering as this book proposes: Empathy, Listening First, Asking Questions, and Giving Advice?
Biggest mistake(s) you made while in law school
What class(es) did I wish I had taken while in law school? In or outside the school? What about today?
Most useful classes in law school
How did you decide what to do post-law school? With hindsight, how good of a job did you do?
Biggest mistake you made while at your first job
Best advice you received or have given for those coming out of law school
Worst advice you received or have given for those coming out of law school
How have you remained happy in your profession? Have there been times when you were not? If so, what did you do to improve your situation?
If you could go back in time and tell your younger self something about making the transition from law school to the real world, what would it be?
Guest Chapter 11
Why law school?
New lawyer frustrations—for me and working with baby lawyers
How have you used (or not) the core concepts of lawyering as this book proposes: Empathy, Listening First, Asking Questions, and Giving Advice?
Biggest mistake(s) you made while in law school
What class(es) did I wish I had taken while in law school? In or outside the school? What about today?
Most useful classes in law school
How did you decide what to do post-law school? With hindsight, how good of a job did you do?
Guest Chapter 12
Short background on why I went to law school
What frustrated me most about coming out of law school and/or what frustrates me with regards to people I work with or hire who are newly out of law school
How have you used the core concepts of lawyering as this book proposes: Empathy, Listening First, Asking Questions, Giving Advice?
Empathy
Listen First, Talk Second/Ask Questions
Always/Usually Give Advice
Bonus Concept: Be Objective—Must Seek Balance
Biggest mistake(s) you made while in law school
What classes do I wish I'd taken?
Most useful classes in law school
How did you decide what to do post-law school? With hindsight, how good of a job did you do?
Biggest mistake you made at your first job
Best advice you have received or have given for those coming out of law school?
Worst advice you have received or been given out of law school?
How have you remained happy in your profession?
Younger self to old self about the transition?
Guest Chapter 13
Current Position: Chief Executive Officer for RPTC Inc. and President and General Counsel for Hugo Enterprises LLC. RPTC Inc. is the private trust company for the Ricketts Family and holds assets including the Chicago Cubs and an extensive portfolio of investments. Hugo Enterprises is the holding company for the operating businesses and investments of TD Ameritrade Founder, Joe Ricketts
Short background on why I went to law school
What frustrated me most about coming out of law school and/or what frustrates me with regards to people I work with or hire who are newly out of law school
How have you used (or not) the core concepts of lawyering as this book proposes: Empathy, Listening First, Asking Questions, and Giving Advice?
Biggest mistake(s) you made while in law school
What class(es) did I wish I had taken while in law school? In or outside the school?
Most useful classes in law school
How did you decide what to do post-law school? With hindsight, how good of a job did you do?
Biggest mistake you made at your first job
Best advice you received or have given for those coming out of law school
Worst advice you received or have given for those coming out of law school
How have you remained happy in your profession? Have there been times when you were not? If so, what did you do to improve your situation?
If you could go back in time and tell your younger self something about making the transition from law school to the real world, what would it be?
Guest Chapter 14
Guest Chapter 15
Short background on why I went to law school
What frustrated me most about coming out of law school andor what frustrates me with regards to people I work with or hire who are newly out of law school
How have you used (or not) the core concepts of lawyering as this book proposes: Empathy, Listening First, Asking Questions, and Giving Advice?
Biggest mistake(s) you made while in law school
What class(es) did I wish I had taken while in law school? In or outside the school? What about today?
Most useful classes in law school
How did you decide what to do post-law school? With hindsight, how good of a job did you do?
Biggest mistake you made while at your first job
Best advice you received or have given for those coming out of law school
Worst advice you received or have given for those coming out of law school
How have you remained happy in your profession? Have there been times when you were not? If so, what did you do to improve your situation?
If you could go back in time and tell your younger self something about making the transition from law school to the real world, what would it be?
Guest Chapter 16
One or two books I recommend:
Short background on why I went to law school
What frustrated me most about coming out of law school and/or what frustrates me with regards to people I work with or hire who are newly out of law school
How have you used (or not) the core concepts of lawyering as this book proposes: Empathy, Listening First, Asking Questions, and Giving Advice?
Biggest mistake(s) you made while in law school
What class(es) did I wish I had taken while in law school? In or outside the school? What about today?
Most useful classes in law school
How did you decide what to do post-law school? With hindsight, how good of a job did you do?
Biggest mistake you made while at your first job
Best advice you received or have given for those coming out of law school
Worst advice you received or have given for those coming out of law school
How have remained happy in your profession? Have there been times when you were not? If so, what did you do to improve your situation?
If you could go back in time and tell your younger self something about making the transition from law school to the real world, what would it be?
Guest Chapter 17
My Practice Area and Why I Love It
Your First Client—the Partners
Communication—a Key Feature of Every Good Lawyer
Focus on Your Development
Develop Good Habits
You Need a Team
Take Charge of Your Career
Guest Chapter 18
Guest Chapter 19
Why I Went to Law School
Frustrations After Law School—For Me and New Hires
How Have I Used Core Concepts of Lawyering?
Biggest mistake(s) you made while in law school/classes you should have taken
Most useful classes in law school
How I decided what to do after law school? Did I make a good choice?
Biggest mistake you made at your first job
Best advice received or have given for new lawyers
Worst advice received or given for new lawyers
How to remain satisfied practicing law; what to do when you’re not
What would I go back and tell myself as a third year?
Guest Chapter 20
Short background on why I went to law school
What frustrates me most about people I hire newly out of law school
How have you used (or not) the core concepts of lawyering as this book proposes: Empathy, Listening First, Asking Questions, and Giving Advice?
Most useful class in law school
Biggest mistake I made at my first job
How I remain happy in my profession
Guest Chapter 21
Why I went to law school
What frustrated me most about coming out of law school and/or what frustrates me with regards to people I work with or hire who are newly out of law school
How have you used (or not) the core concepts of lawyering as this book proposes: Empathy, Listening First, Asking Questions, and Giving Advice?
Biggest mistake(s) you made while in law school
What class(es) did I wish I had taken while in law school? In or outside the school? What about today?
Most useful classes in law school
How did you decide what to do post-law school? With hindsight, how good of a job did you do?
Biggest mistake you made at your first job
Best advice you received or have given for those coming out of law school
How have you remained happy in your profession? Have there been times when you were not? If so, what did you do to improve your situation?
If you could go back in time and tell your younger self something about making the transition from law school to the real world, what would it be?
Guest Chapter 22
Why law school
What frustrated me most about coming out of law school and/or what frustrates me with regards to people I work with or hire who are newly out of law school
How have you used (or not) the core concepts of lawyering as this book proposes: Empathy, Listening First, Asking Questions, and Giving Advice?
Biggest mistake(s) you made while in law school
Most useful classes in law school?
How did you decide what to do post-law school, and in hindsight how good of a job did you do?
Biggest mistake at my first job?
Best advice I got coming out of law school
Worst advice I received coming out of law school
How have you remained happy in your profession? Have there been times when you were not? If so, what did you do to improve your situation?
Guest Chapter 23
One or two books I recommend:
Short background on why I went to law school
What frustrated me most about coming out of law school and/or what frustrates me with regards to people I work with or hire who are newly out of law school
How have you used (or not) the core concepts of lawyering as this book proposes: Empathy, Listening First, Asking Questions, and Giving Advice?
Biggest mistake(s) you made while in law school
What class(es) did I wish I had taken while in law school? In or outside the school? What about today?
Most useful classes in law school
How did you decide what to do post-law school? With hindsight, how good of a job did you do?
Biggest mistake you made while at your first job
Best advice you received or have given for those coming out of law school
Worst advice you received or have given for those coming out of law school
How have you remained happy in your profession? Have there been times when you were not? If so, what did you do to improve your situation?
If you could go back in time and tell your younger self something about making the transition from law school to the real world, what would it be?
Guest Chapter 24
Short background on why I went to law school
What frustrated me most about coming out of law school and/or what frustrates me with regards to people I work with or hire who are newly out of law school
How have you used (or not) the core concepts of lawyering as this book proposes: Empathy, Listening First, Asking Questions, and Giving Advice?
Biggest mistake(s) you made while in law school
What class(es) did I wish I had taken while in law school? In or outside the school? What about today?
Most useful classes in law school
How did you decide what to do post-law school? With hindsight, how good of a job did you do?
Biggest mistake you made while at your first job
Best advice you received or have given for those coming out of law school
Worst advice you received or have given for those coming out of law school
How have remained happy in your profession? Have there been times when you were not? If so, what did you do to improve your situation?
If you could go back in time and tell your younger self something about making the transition from law school to the real world, what would it be?
Notes
CHAPTER 17 What Clients Want
What Clients Liked
What Clients Didn't Like
CHAPTER 18 Law School as a “Second Career”
Entrance into Law School
Getting a Job
CHAPTER 19 How to Be a Happy Lawyer
Have an Identity Outside of Being a Lawyer
Take Pride in Your Work and the Impact It Has on Others
Keep a Continually Learning Mindset
Don't Get Too Wrapped Up in Your Work
Manage Your Stress
Watch Your Drug Consumption
Never Compromise Your Value System
Don't Forget to Laugh and Celebrate the Wins
Internalize the Losses, But Don't Dwell on Them
Work with Clients You Really Like
Have a Great Surrounding Team
Set Boundaries for Your Personal Life
What to Do When You Are Not Happy
CHAPTER 20 What If You Don't Want to Be a Lawyer Anymore?
CHAPTER 21 Let's Sum Up
Index
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