How do you give research assignments to junior lawyers? Probably in a way that leaves the junior lawyer wondering exactly what he's supposed to be doing. That was my experience anyway when I was a junior lawyer who used to get a lot of assignments. After awhile, I learned to stick around in the senior lawyer's office until I'd figured out exactly what my assignment was. Remembering to ask questions before I got started was a good lesson to learn.
These days, I'm often on the other end of the transaction. I'm sure I make the same mistake I once complained about: not providing enough information. Here are the basics I try to cover--
- The name of the case, the identity of the party we represent, and how to bill the time;
- The issue that needs to be answered;
- The facts of the case I think are most pertinent to the issue;
- The procedural posture of the case and how the work product will be used--for a motion to compel, for a response to a motion for summary judgment, for an evaluation letter to the client, etc.
- Whether I think the issue has been researched at any other time in the office, and how to find the old research;
- The result I want to reach, i.e., what I'd like the answer to be, if possible.
- The approximate amount of time I think the project should take, and the form it should take when it's returned to me--an informal memo, a formal memo, a legal brief, a draft letter, etc.
After this, I ask whether there are any questions, and I end with a reminder to return if there's any confusion, especially if the alternative is a waste of a lot of time.
As a law student, thank you thank you thank you.
Posted by: John Henson | December 14, 2005 at 04:30 PM
Evan: I want to give you a hug. It would bring tears to my eyes if I ended up with a boss who did this. I wish every senior attorney in the country would read this post and put its lessons into action!
Posted by: JR | December 14, 2005 at 06:01 PM
My boss sure doesn't give this much thought. Apparently he thought he hired a clairvoyant.
Posted by: tom | December 15, 2005 at 12:04 PM
As a law librarian I also appreciate this advice -- and I appreciate the comments from the frustrated employees who wish their bosses would give their assignments more thought. I encourage students to *ask* for this sort of information if the assigning attorney doesn't volunteer it. Even the busy attorney who forgets the basics would generally rather answer a question than have the associate or summer associate flounder and waste time and resources.
Posted by: Mary Whisner | January 26, 2006 at 08:24 PM
Great advice from a paralegal's perspective, too.
If you're on the receiving end, it also helps to "recap" or paraphrase the instructions for the assignment before you leave to make sure that you understood the instructions correctly. It also gives you a chance to ask questions to clarify any instructions that might have been a bit vague.
I really apppreciate the addition of saying how long the assignment should take or how much time you should spend on it. The only thing I'd add is to ask whether there is a deadline for turning it in and/or, if the deadline changes, to please let me know.
Posted by: celia | February 20, 2006 at 05:52 PM