Quick Tip

When you're a new lawyer, you're bound to screw up. It doesn't matter whether you work for the world's biggest law firm, or whether you're working on your own. There is just too much to know, and simple things get overlooked. Law school teaches you to think like a lawyer (but there's even an argument against that), while the actual daily grind is much different.

I received two pieces of advice when I first began practicing that have been more valuable than anything else I learned in law school. First, don't worry about making mistakes. There's very rarely an occasion where a mistake is going to be detrimental (statutes of limitations, deadlines, etc., being most important). Although most of the "stuffy" and older attorneys don't like to admit it, they probably did the exact same thing 30 or 15, or 3 years ago. While they're outwardly mocking you, they do have some sense of compassion. It's like that bully on the playground scenario: the kid mocking is probably the one most familiar with the problem.

Second, if you do screw up, don't do it again. People tolerate one innocent act, any more than that is just ignorance and stupidity. Do it too many times and you'll be labeled and your reputation will suffer. Again, there's a reason why some of the kids on the playground took more abuse than other, or why you keep getting mad at your kid for tracking mud into the house. Quite simply, we'll let one mistake slide, but we have troubles allowing more.

The best way to combat this is to create a "how-to" manual. Every time you complete a case or learn something new about the practice of law, you should write the method or rule down. For instance, I once handled a garnishment challenge where I claimed an exemption for my client. Not know true protocol (it was my 1st), I neglected to provide an income calculation and an expense list highlighting my client's burdens. The judge was kind enough not to ream me out there at the bench, although we wasted an additional 15 minutes discussing the client's income. Straight after the hearing I went to my office, pulled out my manual, and wrote: "Judge X requires income calculations for each claim for exemption." and  "DO NOT PRESENT A CLAIM FOR EXEMPTION WITHOUT DOING SOME BASIC MONTHLY CALCULATIONS. Here are the things you must calculate: (list of items)."

Since you'll only handle some cases very infrequently, or appear before some particular judge in some small county, it's nice to have this file to refer to. Be aware that since it's your "practice manual", you can add whatever information you'd like. However, I maintain one rule: never speak poorly about someone, no matter what (I leave that for my other "black book").

Remember too, having this book makes running your office (or practicing with a firm), much easier. Be sure to share the book with associates and staff. This will help create continuity within your firm, and allow you to build your procedures manual.

Finally, one consideration you may make is to utilize online services to manage your practice manual. I started building a MS Word document, but I disliked the lack of portability. Since I purchased an iPod Touch, I've started using Evernote. The program allows you to manage a tremendous amount of information and sync it among multiple computers. I like the handy iPhone app that can be used offline, and synced with the Evernote server when you're back online. 

Evernote is great for other things too. Check it out if you're not already using it.