The Curmudgeon's Guide to Practicing Law.

• Author: Sasso, Gary L.
• Position: Book review

The Curmudgeon's Guide to Practicing Law By Mark Herrmann

We live in a world of choices. Wherever we turn, we have menus to choose from, windows to click. The consultants tell us we can bid goodbye to the days when new lawyers would pursue traditional careers. They now have too many choices.

The whole idea of approaching anything in a traditional manner is out of vogue. There is no right way of looking at anything. Instead, we have different perspectives, depending on when we were born. We need to know whether we are dealing with Depression Era lawyers, Baby Boomers, Gen X'rs, Gen Y'rs, or Millennium Generation lawyers.

In The Curmudgeon's Guide to Practicing Law, Mark Herrmann brushes aside modern sociology to give good, hard-nosed advice to litigators that cuts across generations. He insists that there is a right way and a wrong way to do things, which new lawyers need to learn. What's more, he presumes that today's associates, like their forebears, want to excel as lawyers and to advance in their law firms.

Many of us are familiar with Herrmann's teachings in the ABA Litigation Section's Litigation journal. He expands upon his "curmudgeonly" advice in this very readable, purposely provocative, and occasionally hilarious handbook. Readers are never at a loss to know where he stands, whether the topic is advocacy, handling depositions, e-mail etiquette, staff relations, timekeeping, dealing with clients, coping with the darker side of litigation, or building a practice.

He starts with a memo to new associates about legal writing. He says: "Welcome to the firm. To work at this firm, you must know how to write. Here are the rules. Follow them." The rules he gives are concrete and foolproof. So is his advice for career advancement: "[I]t is your obligation to follow these rules.... It is better for your career if you fix your own mistakes."

Herrmann sets forth specific guidelines on how to succeed--and how to fail--as an associate. He says associates should make their work "impeccable." This is because, "[t]o succeed at this law firm, the most important thing that you can earn is trust." He explains: "If I trust you, then I will ask for your help on my cases. If everyone else at the firm also trusts you ... [y]our career will skyrocket."...