Sage Advice for Aspiring Attorneys

The second edition of The Curmudgeon’s Guide to Practicing Law by Mark Herrmann is a simple, unassuming 12 chapters that contains more information than most law school textbooks. The type of information is as unconventional as the way in which Herrmann delivers it. Spending 141 pages, Herrmann provides practical, necessary, and humorous advice and experience to brand-new, baby attorneys who are entering the world of law for the first time.

Law school teaches theories, while Herrmann teaches practicality. Beginning in Chapter 1, he lays out the most fundamental skill of junior associates, that of writing a memorandum. He formats the chapter like a memorandum and includes in each section different pieces of information necessary to include in a brief or memo. He then moves into Chapter 2, ominously entitled “How to Fail as an Associate,” conveniently covering a list of 10 items, in reverse order, that Herrmann advises young attorneys not to do. This list reads as follows:

10. So long as it’s clearly marked “DRAFT,” no one will care if it’s incomprehensible.

9. They want me to bill a lot of hours, so why not?

8. Forget the facts; just research the law.

7. Forget the facts; just say what the case stands for.

6. The computer is a magic box! I’ll just type in a few search terms and—voilà—a case on point!

5. Once I get the general idea, I don’t really have to read all of those cases.

4. Once I get the general idea, I don’t really have to read the whole case.

3. Topic sentences? Syntax? Grammar? That’s stuff I didn’t bother with in high school.

2. I was asked only one little question; there is no reason to fret about the other stuff.

1. A new lawyer is a potted plant.

Each item on the list is accompanied by an explanation as to why it was included and, often, an anecdote to drive the message home. One need not be told that the flavor of the writing is similar, and engaging, throughout the remainder of the book.

Chapter 3 contains the advice they don’t give you in law school. Here Herrmann gives an overview of practical advice that new lawyers need going into the job. Some advice is for the office, some is for the courtroom, and some is general advice. Herrmann spills the not-so-secret secrets of the legal profession, the “dos and don’ts” of law, if you will.

Chapter 4 contains advice on how to handle subordinates in the office; how to manage them, how to utilize them without abusing them, and more, written from an assistant’s point of view. By writing from this perspective, Herrmann really hits the nail on the head as to how new attorneys should act now that they are not only full-fledged attorneys, but also responsible for the work of another.

Chapter 5 is a full six pages of words and definitions that young attorneys may need but cannot be found in Black’s Law Dictionary. Rather, Herrmann defines things in a practical way that allows a new attorney to more fully grasp the concepts. Chapters 6 through 8 discuss, at varying length, the dos and don’ts and ins and outs of depositions, trial, and conduct for each. Here, the author provides guidance for how to conduct oneself in those situations. Especially helpful, he provides sage counsel as to how to mentally show up and perform at depositions and court appearances.

Chapters 9 through 11 advise young lawyers how to meet interpersonal expectations. Herrmann discusses how to manage clients and their expectations, from billing appropriately to general etiquette (in both a client situation and a court situation), and generalized advice on how to handle clients. Attorneys are not in the legal field but in the service industry as Herrmann clearly points out, and he spends these three chapters teaching young attorneys how to conduct themselves with tact and professionalism in a manner worthy of dealing with clients, other attorneys, judges, and whomever else they may come across.

Finally, Chapter 12 concludes this short advice book by explaining how a young attorney can build their practice and bring a client base with them to any law firm. This information is crucial to any young attorney looking to make themselves indispensable in their newfound profession.

Herrmann does a wonderful job providing succinct, effective, and enjoyable ways to communicate the things that law schools may leave out. The practical needs that every new attorney has but has no basis for figuring out. I recommend this book be read by any aspiring law student as well as freshly licensed attorneys. Read it and keep it forever because the seasoned wisdom of Mark Herrmann will provide more help than you ever knew you needed.