Sage Advice for Aspiring Attorneys

• Pages: 33-33
• Date: 01 April 2025
• Published date: 01 April 2025
• Author: Jenna M. Stankovich
• Subject Matter: Civil Law

BOOK REVIEW

he second edition of The Curmudgeon’s Guide to

Practicing Law by Mark Herrmann is a simple,

unassuming 12 chapters that contains more infor-

mation 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 rst time.

Law school teaches theories, while Herrmann teaches prac-

ticality. Beginning in Chapter 1, he lays out the most funda-

mental 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 enti-

tled “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 avor of the writing is simi-

lar, 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 ofce, 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.

Sage Advice for Aspiring

Attorneys

The Curmudgeon's Guide to Practicing Law, 2e, is available at http://bit.ly/LN503-curmudgeon2.

Chapter 4 con-

tains advice on

how to handle

subordinates in the

ofce; how to man-

age them, how to

utilize them with-

out abusing them,

and more, written from an assistant’s point of view. By writ-

ing 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-edged attorneys, but also responsible for the

work of another.

Chapter 5 is a full six pages of words and denitions that

young attorneys may need but cannot be found in Black’s Law

Dictionary. Rather, Herrmann denes 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 deposi-

tions and court appearances.

Chapters 9 through 11 advise young lawyers how to meet

interpersonal expectations. Herrmann discusses how to man-

age 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 eld but in the service indus-

try 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 rm. This informa-

tion is crucial to any young attorney looking to make them-

selves 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 guring 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.

By Jenna M. Stan kovich, Litigation News Contributi ng Editor

SPRING 20 25 • VOL. 50 NO. 3

33 | ABA LITIGATION SECTIO N

Published in Litigation News Volu me 50, Number 3, Sprin g 2025. © 2025 by t he American Bar A ssociation. Re produced with per mission. All righ ts reserved. Thi s information or an y portion there of may not be copied or

disseminated in an y form or by any means or s tored in an electro nic database or re trieval system wi thout the express w ritten consen t of the American B ar Associatio n.