Q: I took my law classes at night and graduated
a few years ago. Because of a pressing family matter that took most
of my time, I did not actually do anything with my degree (other
than passing the bar) until recently, when some referrals began to
come my way through a friend whose own line of work brought him in
contact with potential clients. As soon as I got started, I
realized that most of what I learned in law school was much more
abstract than the nuts and bolts of real life practice, and I have
had to more or less "fake it." The one lawyer I knew who was
experienced in this area of law has retired and moved away. Though
actual cases have been quite few, I have already come perilously
close to failing a client or two because there are such huge gaps
in my knowledge about the how-to of this type of practice.
As a result, I have been feeling tied up in knots, losing sleep,
and unable to enjoy my family life or relax on days off. My wife
tells me she knows I'll figure it out - it's nice to have a vote of
confidence, but that doesn't solve the problem. While my doctor has
offered to prescribe a tranquilizer, it seems to me that although
that may calm me down, I ought to feel stressed until I
find a way out of this predicament.
A: Agreed that a tranquilizer is not the answer
to the problem, unless you're so frozen with anxiety that you can't
take any constructive action. Most kinds of graduate study provide
more in the way of abstract knowledge and principles than concrete
how-to experience. But law is perhaps unique in that (in most
states) there is no requirement or routine mechanism for
apprenticeship. Health care professionals have internships, and
must put in years of clinically supervised work before practicing
independently. Teachers start out as student teachers. Plumbers
start out as apprentices to licensed plumbers. Lawyers, especially
those who do not get jobs with firms or organizations, are often
cast into the deep water to fend for themselves, while at the same
time attempting to appear fully in control. Many new attorneys
figure things out along the way, but, as in your situation, there
is the potential to botch up cases, and even for your unwitting
errors to come back to haunt you via discipline or suit. Assuming
you are unable to find a employment at a business/agency/law firm,
there are other potentially helpful measures. Once you begin making
constructive moves, your anxiety is likely to subside.
Continuing Education courses (like the CLEs offered at the MBA
and elsewhere) tend to have a more hands-on utility than law school
courses. (There is some controversy as to whether an LL.M. degree
is helpful. You would certainly gain more specialized knowledge,
but these programs can cost a lot without improving job prospects,
depending on specific field.)
Bar Associations in some cases (like the MBA) offer mentoring
programs. These may not offer ongoing, one-to-one guidance, but
they can provide helpful input, and bar associations and committees
can also be networking opportunities to meet colleagues willing to
help even a potential competitor.
Volunteering may offer the best opportunity to gain experience,
hobnobbing with more experienced attorneys, while also doing good.
You can explore opportunities through both state/local and
specialty bar associations, as well as MassProBono.org. This is not
only a way to gain practical experience but also to meet and
connect with lawyers to whom you can later turn for advice in a
pinch.
And don't forget that LCL is always here for you if your anxiety
remains high, and that the LOMAP program is here to help with
information on how to run your practice business-wise, another
crucial subject that is not a focus of law school.
Dr. Jeff Fortgang is a licensed psychologist and
licensed alcohol and drug counselor on staff at Lawyers Concerned
for Lawyers of Massachusetts, where he and his colleagues provide
confidential consultation to lawyers and law students, and offer
presentations on subjects related to the lives of lawyers. Q&A
questions are either actual letters/emails or paraphrased and
disguised concerns expressed by individuals seeking LCL's
assistance.