Legal Malpractice Forum
| Publication year | 1981 |
| Pages | 300 |
1981, February, Pg. 300. Legal Malpractice Forum
Beginning the practice of law can be a difficult experience for the new lawyer, his employer and the clients they serve. Nevertheless, it is an unavoidable step in every lawyer's career and it is something that every law firm must deal with, usually many times, if it is to survive, grow and prosper. The extent to which the new lawyer and his employer successfully cope with the "breaking in" process will have a major impact on both the new lawyer's satisfaction with the practice of law and his employer's ability to maintain an efficient, economically sound and high-quality law practice.
When it comes time for a law firm to take in a new lawyer who is fresh out of law school, the three principal participants---the new lawyer, the hiring law firm, and the firm's clients---each has their own needs and concerns which may conflict to a large extent.
The new lawyer comes equipped with his law school diploma but little else, other than his enthusiasm and his desire to practice law, whatever that might mean. The new lawyer is anxious to plunge into complex legal problems, to work directly with clients and generally to assume responsibility as rapidly as his employer will allow.
Behind the new lawyer's zeal, however, is usually a nagging sense of insecurity, and with good reason. Law school education, while teaching the methods of legal thinking and problem solving and providing the groundwork in many substantive areas of the law, cannot possibly give the student all of the practical training and knowledge that he will ultimately require in practice.
The law firm that decides to hire a new lawyer does so for an obvious reason---it has more client work than it can adequately handle and needs help. The primary concern of the law firm is satisfying the demands of its clients, and it expects that the newly hired lawyer can step in and take over some of the burdens and responsibilities associated with that work. At the same time, the law firm has made a decision to grow and desires to increase its staff of capable, effective lawyers as painlessly and efficiently as possible.
The firm's clients also have their priorities---they want their work done, as always, as quickly as possible, as well as possible, and as economically as possible. They are not eager to be the providers of the new lawyer's post-law school education.
These various concerns may pull in...
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