A lawyer is of no use if he can’t serve a client. Consider the following reality scenarios, on the life of law students:
Reality
1: Recruitment in
recession
Jay was a
law student with impeccable "CV value" – he had great grades,
internships, laurels at moot court competitions and publications to his name.
Yet, recruitment season proved to be disappointing. Interviewed by a power
manufacturer and a mining company, his inability to answer sector specific
questions let him down. He had even taken elective courses in subjects related
to the firm's business, yet although his concepts were clear - he failed to wrap
his head around basic practical issues.
Reality 2: Life with, and without commercial law
Aditya
and Ashwin, both diligent students and eager learners, made it to a mid-sized
law firm in Mumbai, which had high quality corporate work. Aditya was a quick
learner with a sharp mind, and if given some time and resources, he could learn
subjects fairly quickly.
At the
law firm, however, Aditya was shocked by the kind of work pressure and
timelines he faced, and found it hard to cope. The vast amounts of information
he had gathered at law school seemed abstract and difficult to apply to the
ground level problems that required solving. His struggle to adapt to practical
situations took him almost 18 months of struggle.
Ashwin simply did not have a clue of
what to do and quickly lost hope and interest in his career as a commercial
lawyer. He quit within a year and applied for an LLM program.
Aditya’s
conclusion: After 18 months, Aditya
realized that these skills need not necessarily be learnt through experience,
and wishes these were 'taught' systematically. In fact, today he is convinced
that Ashwin was unable to give his law firm career a fair chance, due to lack
of prior training. This was also the cause for his own struggle at work.
The above situations
are familiar to most law students and lawyers. Colleagues, batchmates, seniors,
or sometimes, juniors (and in some cases, it includes ourselves) have faced
them at some point or the other.
Most law firms today
are struggling to find the right methods to train and motivate juniors. It’s a
disconcerting fact that more than 40-50% of those who join law firms quit
within the first 3 years. Where do these people go? I had no answer to this
question when I was graduating. I still don’t. If you ask your seniors, you
will realise that nobody knows what the answer really is.
If you ask around, you
will see that most law graduates already have a preset plan when they join a
law firm or soon after (higher studies, litigation, etc.). Unfortunately the
converse is not true, I have never met anyone who planned to quit initially,
but later changed their plans and stayed back. This is a reality that requires
investigation- how is it that jobs which people strive and struggle through law
school to obtain, are so quickly traded in for any other option?
Why do fresh law
graduates quit law firms? Let’s
analyze the exit syndrome before we see the answer.
What are your skills as
a law graduate? As law graduates, we are all trained to
read the law, read commentaries and cases to interpret it, and argue. But if
you’re working in a company or a commercial law firm, you can’t afford to think
of arguing on law. Who are you to argue? A law graduate? There are advocates
with greater domain knowledge and experience than you, and some of them are
arguing cases on those issues live in courts. You are nobody to take calls on
law. That is the role of a judge, and only he is empowered to adopt it. Your
argument can cost millions for companies and clients.
What are clients’ expectations?
Clients don’t want legal arguments. Clients want certainty with law, and they
want to move ahead with their business in a safe manner with minimal element of
legal surprise. More than 95% of the work at a commercial law firm will require
you to understand volumes of regulations, policies, orders, notifications. It
will require you to perform filings, obtain permissions and consents, review
documents (as an expert) and other practical tasks.
What
are graduates thinking when they quit?
People quit,
complaining that commercial work is not enjoyable, is repetitive and not rocket
science. Maybe it’s not science, but did you want to be rocket scientist? Or do
you want to be a smart, robust and creative thinker?
Is
it fun to work at a law firm?
The question is
subjective and its answer will differ for each person - you should read the
cues below to find out your own answer. I have given mine at the end.
How would you feel if
clients looked up to you for help in negotiating their deals?
How would your client
feel about you if you drafted clauses that saved him and still managed to
convince the other side that it protects their interest?
How would you feel if
you were able to structure a complicated deal that everyone was struggling
with?
How would it be to tell
your peers that you are liaising with a regulator on a burgeoning commercial
issue, such as the Vodafone tax case?
How would it be to
listen to a senior counsel argue a case exactly as you briefed him a day
before, in a hearing before a court?
I believe there is a very
unique thrill to each of the above, and somewhere deep inside us, and you may
be able to identify with it. We are free to choose not to make it our career,
but in a lot of cases, we seldom make a choice. We don’t even give it a fair
chance.
Solving
the Exit Syndrome
Survival of the fittest
is still the rule. Adaptation is what you need to stay fit and survive.
You have to adapt your
mind and see the broader picture as a commercial lawyer. This requires moving
beyond the mundane tasks that you may be assigned, and see it as part of an
exciting problem solving exercise. To a great extent, training can enlighten
you to the approach required by a commercial lawyer, explain the kind of
practical tasks you are required to perform, and shows you where to look. This
will inspire you in small doses, to go out and do the bigger tasks when you
start working. You will be able to see yourself improve drastically even at
internships. You’ll know this from the way seniors perceive and treat you, and
from their feedback.
What if there was a
course that taught you how to get various licenses, incorporate businesses and
draft and structure venture capital agreements?
When I was studying in
law school, I wished that I had a glimpse of what life at a commercial law firm
should be. I had interned at some of the top law firms, and wished that I could
learn how transactions were done and discuss the impact of regulatory
developments on transactions. Unfortunately, at each point, I had to scramble
and look for the answers myself. I was happy to know, when I worked at a law
firm, that some of the answers were absolutely correct.
This got me thinking -
if more than 90% law students graduate to become commercial lawyers, shouldn’t
there be something systematic that provides practical training on commercial
law? Maybe teach REAL tasks that commercial lawyers perform?
I am happy to announce that
NUJS, Kolkata has announced a 1 year course for law students on practical
aspects of commercial law (taught on an online learning management platform).
Students
of other disciplines who are interested in entrepreneurship would also find
this course very useful. Centred around the emerging startup movement in India,
the course aims to build a community of entrepreneurs well-informed in business
law, and law students who can serve start-ups from college itself, and
subsequently use the knowledge and experience for high-profile clients in law
firms.
Those who successfully
complete the course will get a diploma in Entrepreneurship
Administration and Business Laws from NUJS. The first batch starts on
July 15, 2012. Click
here to find out how you can be amongst the first to learn practical business
law skills, before you even graduate.
To view the syllabus,
click here. For inquiries, write to startup@ipleaders.in
or call 9717301797.
Your post is fine. For a person who has joined the profession fairly recently, you seem to have grasped the idea that this is a service oriented profession very quickly. I would add two things -
ReplyDelete1. There is a lot of more 'intellectual satisfaction' doing litigation only because there is a lot more 'law' involved in it as compared to corporate or transactional work.
2. Do not join the profession thinking that you will get intellectual satisfaction out of it.
But one thing, the hypothetical given at the opening of your post - the fellow quits the firm and opts for LL.M. You are not saying that all who opt for a master's are quitters, are you?!
Hi Khagesh, I get your points. In my opinion, intellectual satisfaction for a lawyer need not necessarily come out of law. Lawyers in NGOs get intellectual or other satisfaction not only from law, but from the fact that they're serving people. Corporate lawyers may get the same from handling clients. In-house lawyers get it from understanding company strategy better than others.
ReplyDeleteNo, the LLM courses involve a high level of research, doing well in an LLM is not an easy task.