The New Lawyer’s Handbook 101 Things They Don’t Teach You In Law School Karen Thalacker Copyright © 2009 by Karen Thalacker Cover and internal design © 2009 by Sourcebooks, Inc Sourcebooks and the colophon are registered trademarks of Sourcebooks, Inc All rights reserved No part of this book may be reproduced in any form or by any electronic or mechanical means including information storage and retrieval systems—except in the case of brief quotations embodied in critical articles or reviews—without permission in writing from its publisher, Sourcebooks, Inc First Edition: 2009 Published by: Sphinx Publishing, An Imprint of Sourcebooks, Inc Naperville Office P.O Box 4410 Naperville, Illinois 60567–4410 630–961–3900 Fax: 630–961–2168 www.sourcebooks.com www.SphinxLegal.com This publication is designed to provide accurate and authoritative information in regard to the subject matter covered It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service If legal advice or other expert assistance is required, the services of a competent professional person should be sought From a Declaration of Principles Jointly Adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations This product is not a substitute for legal advice Disclaimer required by Texas statutes Library of Congress Cataloging-in-Publication Data Thalacker, Karen The new lawyer’s handbook : 101 things they don’t teach you in law school / by Karen Thalacker p cm Practice of law—United States Law—Vocational guidance—United States I Title KF300.T48 2009 340.023’73—dc22 2009012755 Printed and bound in the United States of America VP — 10 To my teachers, mentors, and colleagues acknowledgments I want to say a special thank you to my family and friends To my parents whose wisdom and kindness have always inspired me I thank God every day that I am your daughter To my brothers and sisters—Fred, Ann, Andy, and Laura—who have supported and encouraged me in my crazy adventures from infancy to today In writing this book, special thanks to Andy and Laura who are two of the smartest and nicest attorneys I know To my children—Ella, Robby, Andy, and Malcolm—who love their busy mom despite my hectic schedule and who give me strength every day And to my husband Pete who is my partner in everything I couldn’t and wouldn’t any of this without him Contents Introduction xv Section I: Starting Out Right at a Law Firm Get the details of your employment agreement in writing 2 Appearances matter Have extra essentials at the office Work when you are at work 10 A to-do list is your constant companion 13 The importance of having a good assistant 15 When you’re an associate, draft means final 18 You don’t know everything 21 Section II: Understanding Law Firm Politics When your law office is more like the set of Survivor 24 10 Avoid having a romantic relationship with someone in your office 27 11 Foster a close relationship with someone in your office who has your back 30 12 It helps to be a golfer 32 13 What to if a colleague is struggling 34 Section III: G eneral Tips for Having a Successful Practice 14 Avoiding legal pet peeves 38 15 Don’t tolerate bad behavior 41 16 Learn to be a better listener and a better communicator 43 17 Don’t give advice to strangers over the phone 46 18 Resist the pressure to take a case you’re not qualified to take 49 19 Find experienced lawyers you can talk to 51 20 Don’t procrastinate 53 21 What to when opposing counsel is a jerk 55 22 You can always be a jerk later 58 23 Think twice before accusing someone of an ethical violation 60 Section IV: The Business of Practicing Law 24 Be as involved as possible in your law firm’s finances 64 25 The importance of a good filing system 67 26 Earning a living as a lawyer is a tough buck 70 27 How to build your practice 73 28 Treat your client like a customer 75 29 Get the money up front 79 30 How to close a case 82 31 Never let your malpractice insurance lapse 84 32 Keep up with your billable hours 86 33 Legal research isn’t free anymore 90 34 Disaster planning 93 Section V: Becoming Comfortable with Technology 35 Stay on top of technology but don’t be a slave to it 98 36 Know how to operate the office machines 100 37 Cell phone etiquette 103 38 Be careful with emails 106 39 The impact of the Internet 109 ... Congress Cataloging -in- Publication Data Thalacker, Karen The new lawyer’s handbook : 101 things they don’t teach you in law school / by Karen Thalacker p cm Practice of law? ??United States Law? ??Vocational.. .The New Lawyer’s Handbook 101 Things They Don’t Teach You In Law School Karen Thalacker Copyright © 2009 by Karen Thalacker Cover and internal design © 2009 by Sourcebooks, Inc Sourcebooks... chasing a car and one says to the other,“What are you going to if you catch it?” That is exactly the way I felt at the beginning of my legal career I had been chasing this dream of being a lawyer