Jason Mendelson - How to Be a Lawyer

1 Cover

2 Title Page How to Be a Lawyer THE PATH FROM LAW SCHOOL TO SUCCESS Jason MendelsonAlex Paul

3 Copyright Copyright © 2022 by Jason Mendelson and Alex Paul. All rights reserved. Published by John Wiley & Sons, Inc., Hoboken, New Jersey. Published simultaneously in Canada. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, (978) 750-8400, fax (978) 750-4470, or on the web at www.copyright.com . Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030, (201) 748-6011, fax (201) 748-6008, or online at http://www.wiley.com/go/permission . Limit of Liability/Disclaimer of Warranty: While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. No warranty may be created or extended by sales representatives or written sales materials. The advice and strategies contained herein may not be suitable for your situation. You should consult with a professional where appropriate. Further, readers should be aware that websites listed in this work may have changed or disappeared between when this work was written and when it is read. Neither the publisher nor authors shall be liable for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages. For general information on our other products and services or for technical support, please contact our Customer Care Department within the United States at (800) 762-2974, outside the United States at (317) 572-3993 or fax (317) 572-4002. Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic formats. For more information about Wiley products, visit our website at www.wiley.com . Library of Congress Cataloging-in-Publication Data is Available: ISBN: 9781119835813 (Hardback) ISBN: 9781119835837 (ePDF) ISBN: 9781119835820 (epub) COVER DESIGN: PAUL McCARTHY COVER PHOTOS: COURTESY OF THE AUTHORS/CONTRIBUTORS

4 Dedication Jason would like to dedicate this book to his wife and best friend, Jenn. Her love, support, and encouragement are the best gifts a guy could get. Alex would like to dedicate this book to his wife, Carolyn, who supported him in law school and has been by his side through good times and bad, always a loving partner and best friend.

5 About the Authors

6 Acknowledgments

7 Why We Wrote This Book

8 CHAPTER 1: The Divide Between Law School and Lawyering

9 CHAPTER 2: The Core Concepts of Lawyering Empathy Listen First, Talk Second Ask Questions Always (Usually) Give Advice

10 CHAPTER 3: Understanding the Importance of Law School Rankings on Your Future

11 CHAPTER 4: Classic Coursework (What Is It Good For?) Torts Contracts Civil Procedure Property Criminal Law Constitutional Law Legal Methods/Writing/Research Evidence Ethics and Professional Responsibility

12 CHAPTER 5: Choosing Proper Electives

13 CHAPTER 6: What Should You Get Out of Law School?

14 CHAPTER 7: Be a Fiduciary Principle 1: Know If You're Acting as a Fiduciary and on Whose Behalf Principle 2: Slow Down Principle 3: Seek Advice and Help Principle 4: Always Put Your Clients' Interests Ahead of Your Own

15 CHAPTER 8: A Short Primer on Negotiations Negotiation Tactics What Really Matters? Preparing for the Negotiation A Brief Introduction to Game Theory Negotiating Win-Win Agreements Negotiating Other Games Negotiating Styles and Approaches Collaborative Negotiation Versus Walk-Away Threats Building Leverage and Getting to Yes Notes

16 CHAPTER 9: Preparing for the Job Hunt You on Paper Social Media Telling the Story Networking into Employers Mindset Career Placement Services

17 CHAPTER 10: The Bar Exam

18 CHAPTER 11: You Got the Job—There Is No Time for Rest

19 CHAPTER 12: The Fourteen Commandmentsfor New Lawyers (Okay, How about“Strong Suggestions”?) 1: Have a Learning Mindset 2: Rely On but Mistrust Forms 3: Beware of the Foggy Project Trap 4: Never Consider Anything That Goes to a Senior Colleague or Client to Be a “Draft” 5: Be More Organized Than Others 6: Take Ownership Without Request 7: Invest in Your Management Skills 8: Have a Three- to Five-Year Horizon 9: Plan to Develop Near-Term and Long-Term Advantages 10: Understand How to Best Use and Foster Mentor Relationships 11: Flatten Hierarchies 12: Own Your Mistakes 13: Know What a Junior Lawyer's Value Is 14: Keep Your Own List Bonus Commandment for Those Working with Contracts!

20 CHAPTER 13: Common Mistakes New Lawyers Make That Limit Careers and Anger Clients Forgetting You Are in the Services Industry Getting Frustrated and Thinking People Are Idiots Having Loose Lips Assuming Each State Has the Same Laws Treating Administrative Staff Poorly Having a Sexual Relationship at Work Being Inconsiderate of Others' Calendars Forgetting You Are the Leverage Forgetting Who the Client Is Assuming Other Lawyers Are Good People Shortchanging Research Failing to Understand Basic Intellectual Property Law Talking to Another Attorney's Client Without the Attorney Screwing Up Billing (If You Bill Clients by the Hour)

21 CHAPTER 14: Relationships, Difficult Personalities, and Being the Calmest Person in the Room Challenging Personalities The Lawyer's Job When It Comes to Challenging Personalities General Approaches to Managing Challenging Personalities Sampling of Challenging Personalities and Tips for Dealing with Them Parting Thoughts Note

22 CHAPTER 15: Understanding Current Technology

23 CHAPTER 16: Words from the Wise Guest Chapter 1 Guest Chapter 2 Guest Chapter 3 Guest Chapter 4 Guest Chapter 5 Guest Chapter 6 Guest Chapter 7 Guest Chapter 8 Guest Chapter 9 Guest Chapter 10 Guest Chapter 11 Guest Chapter 12 Guest Chapter 13 Guest Chapter 14 Guest Chapter 15 Guest Chapter 16 Guest Chapter 17 Guest Chapter 18 Guest Chapter 19 Guest Chapter 20 Guest Chapter 21 Guest Chapter 22 Guest Chapter 23 Guest Chapter 24 Notes

24 CHAPTER 17: What Clients Want What Clients Liked What Clients Didn't Like

25 CHAPTER 18: Law School as a “Second Career” Entrance into Law School Getting a Job

26 CHAPTER 19: How to Be a Happy Lawyer Have an Identity Outside of Being a Lawyer Take Pride in Your Work and the Impact It Has on Others Keep a Continually Learning Mindset Don't Get Too Wrapped Up in Your Work Manage Your Stress Watch Your Drug Consumption Never Compromise Your Value System Don't Forget to Laugh and Celebrate the Wins Internalize the Losses, But Don't Dwell on Them Work with Clients You Really Like Have a Great Surrounding Team Set Boundaries for Your Personal Life What to Do When You Are Not Happy

27 CHAPTER 20: What If You Don't Want to Be a Lawyer Anymore?

28 CHAPTER 21: Let's Sum Up

29 Index

30 End User License Agreement

1 Chapter 14FIGURE 14.1 Challenging Personality Traits Belonging to Each Challenging Per...

1 Cover Page

2 Title Page How to Be a Lawyer THE PATH FROM LAW SCHOOL TO SUCCESS Jason MendelsonAlex Paul