Your assignment will be delivered by an attorney responsible for
coordinating projects for summer associates or the attorney for whom the work
will be done. Do not leave the office of the assigning lawyer without answers
to these questions—
· What kind of answer
does the lawyer want — informal, oral, a short memo, or a more extensive
report?
· Does the assigning
attorney want to discuss your conclusions?
· What is the due date?
Is a preliminary report or intermediate report required?
· How much time should
you spend? If more time is required, should you check back with the assigning
attorney?
· What files, memoranda,
forms, or other material should you review?
· Are there associates
with whom you can speak as questions arise?
· Should you look at the
laws of one jurisdiction or do a more extensive survey?
· Should you use LEXIS
or WESTLAW?
· Are there particular
secondary sources the lawyer recommends — e.g., ALI, PLI treatises, local or
state bar groups, or other specialized materials?
· Who is the client and
to what matter should your time be charged?
- Are there any especially
sensitive concerns - beyond the normal concerns of client confidentiality?
Sometimes your work may be on an unannounced transaction, a case that has
not yet been filed, or on a project that is especially sensitive.
Listen and take notes. When you return to your
office you may realize that you forgot to ask a question or that a fact or detail seems unclear. Review
the materials you were given — but do not be bashful about seeking
clarification.
Many summer associates stumble because they
misunderstood a key feature of an assignment and delivered memoranda which
answers the wrong question, applies the wrong governing law assumes incorrect
facts, or gives the wrong level of detail. The partner is disappointed, the summer
associate feels unfairly treated, and the firm or client may have a problem.
All of this can be prevented — by seeking clarification.
Balance learning what you need to know versus bugging the
assigning lawyer. Some summer associates come back with questions five times a
day. This annoying habit suggests immaturity. At some point a rebuttable
presumption of creeping Bozoism arises.
The assigning lawyer is a busy professional.
Brown & Abramson opened its doors 73 years ago and somehow survived without
you until last Monday. Every lawyer has conflicting client matters — documents
to draft, letters to write, calls to return, meetings to attend, bills to
prepare, and presentations to make. If your behavior suggests pestering,
immaturity, or someone who just "doesn’t get it," your summer is at
risk.
Most projects will require a memorandum or other written work
product. Understand the styles and formats for memoranda, complaints, briefs,
opinion letters, etc. Your advisor, the summer program coordinator, and
secretaries can help you. Many firms have extensive form files. Also, the
assigning attorney may have preferences on how papers are prepared.
The next article will appear next Friday, December 18th