More Avuncular Advice for Young Associates and Young Professors too

David Lat kindly linked to my post Advice for Young Law Firm Associates: Don’t Poop Where You Eat, and even dropped me a nice compliment in doing so ("One of our favorite law professor bloggers....").

In the comments section to David’s post, # 6 opined:

First Rule of Being a Lawyer: Never put it in writing.

This refers to the trouble a young summer associate got into by sending out an email bragging about his sexual conquest of a college intern (don’t these kids remember Bill Clinton? interns are dangerous!), which was the incident that prompted my Don’t Poop Where You Eat post in the first place.

The comment reminds me of a true story from my law school days. A professor taught a very popular seminar whose members were not assigned by the usual course selection process. Instead, the professor had the students give him an application and he then selected amongst the applicants. The school newspaper ran a story noting that white males were disproportionately over-represented in the class. The professor then wrote a letter to the newspaper, which was printed in the following issue. The letter said something like “I am not a racist” and then proceeded to give a very convoluted and not terribly persuasive explanation. All of which only fanned the flames of the now burgeoning dispute.

The next day another one of my professors came into class and dryly remarked of the controversy: “say it with roses, say it with mink, but never, ever say it in ink.” And that’s damned good advice.

Except, of course, these days the second professor probably would be accused of being sexist.

Posted on Thursday, August 21 2008 | Permalink

At a financial firm where I worked, the partner’s axiom was: Say it and forget it, but write it and regret it. 

In the healthcare firm, it was: If you didn’t document it, you didn’t do it.
- which cuts both ways, come to think of it.

Posted by HENWAY  on  08/21  at  05:56 PM

In the healthcare firm, it was: If you didn’t document it, you didn’t do it.
- which cuts both ways, come to think of it.

As Henway says, it cuts both ways.

I can’t recall how many times I’ve written the letter that goes, “I am writing to confirm our conversation of XX/XX/XXXX in which you ... If my understanding of our conversation is incorrect in any way, please inform me by correspondence at your earliest convenience.  Very truly yours, Me.”

Posted by Patrick  on  08/21  at  06:03 PM

I had a lawyer give me advice, tell me that he was a lawyer and knew better than I, be wrong, and then denied he ever said it.

In my experience, lawyers do not say it and forget it, they say it and then deny they said it.

I also met a guy in college who had just finished law school.  He told that he could never actually practice law as it would require him to suspend every moral teaching he knew.  Don’t know what happened to him, but I doubt he went into litigation.

Posted by  on  08/21  at  06:40 PM

Reminds of a scene in a Walter Mosely novel (Little Yellow Dog?) where tEasy Rawlins tells a young lad cheating on his woman in her very neighborhood not to shit where you eat.

Posted by  on  08/21  at  09:37 PM

In Boston, it’s: Never write when you can speak; never speak when you can nod; never nod when you can wink.

Posted by  on  08/21  at  09:57 PM

Yup, I got yelled at as a summer for this mistake, a particularly major mistake in fields where attorney-client privilege is regularly waived (such as IP, as part of a defense against willful infringement.) I don’t intend to make that mistake again.

Posted by  on  08/21  at  11:22 PM

I find I must respectfully disagree with the second professor, and not for reasons relating to political correctness.

If you consult your same Bill Clinton intern example, it was certain gifts bestowed by Ms. Lewinsky by the President that provided tangible evidence of, and corroboration for, the liaison.  (E.g., the second professors’ “mink”.)

That and a certain presidential double helix “gift” still clinging to a blue dress.

To sum up: Print, gifts, and DNA are all “out”, which leaves land line (non-long distance) telephonic or face-to-face conversation.

Even then, nothing much to be gained from kissing and telling, as Ms. Lewinski quickly learned following her misplaced trust in one Linda Tripp.

Posted by  on  08/22  at  01:24 AM
Commenting is not available in this weblog entry.

Introduction


Recent Punditry Entries


Hot Topics on Food & Wine

Hot Topics on Law & Business


Punditry RSS Feed

Flickr

Archives

My Books



Blogroll