New York Lawyer
April 25, 2002

Q:
I am a first-year associate at a large New York firm that I summered at. I graduated cum laude from a top-15 law school. I am in the litigation department and I am getting no work.

The rest of the first years are busy and I billed 32 hours last month. I took on two pro bono projects and I have been asking the assigning partner for work weekly, but I have not been given a chance to do any substantial work. I have spoken to my mentor about this. What else can I do?

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A:
Your question is about how to market yourself internally. For some as-yet unknown reason, you�ve gotten off to a rocky start. First, you need to do as much as you can to figure out why that is (the reactive phase) and then, more importantly, you need to do things to establish yourself in a positive light (being proactive).

First, the reactive phase. Question your mentor or a trusted colleague/senior associate about whether there was any problem with an initial assignment you handled. It�s amazing how quickly people become radioactive after only one perceived error. A few negative comments can become a full-blown rumor that you aren�t any good. Try to figure out why there�s a problem. This may require going to someone you�ve done work for and asking for feedback, not in a defensive way, but just to inquire about how you might do better the next time. This can open up a frank discussion and perhaps reveal the problem.

You may think, �Well, if something was wrong, why didn�t someone say something?� Avoidance of difficult conversations is rampant in law firms. Often people prefer not to confront colleagues they believe have done a poor job. Instead, they simply make a mental note to avoid the person like the plague and seek out others to work with. They sidestep the hard work of talking honestly (and tactfully) about shortcomings of an assignment, which would give the associate a chance to learn and develop. In that case, it�s up to you to open up the discussion so that the two of you can evaluate what theoretically went wrong and start to rebuild a trusting relationship.

Then it�s on to the proactive version. Internal marketing is vital for success in a firm. You can�t afford to sit in your office and be an unknown quantity. However, what you�ve been doing so far � asking for work weekly � is well-intentioned but may backfire. It may look kind of desperate and fuel the negative rumors people may have heard. Rather than a general request, you might ask more focused questions, like whether there�s work available in a particular area. Random, generalized pleas for work sound like �a panhandler asking for quarters,� as one litigation practice head I spoke to put it.

Instead, start doing independent reading to carve out a specialty right away. Another approach is to offer to help others who are overloaded, or to do non-billable work that helps out. The idea is to help create an impression of someone ready and willing to help, who creates opportunities on his or her own rather than waiting for assignments to appear. It could be that you will have to do more of this than your colleagues because of the problem at the outset of your tenure with the firm, but if you�re dedicated to remaining at this firm you must go through a rehabilitation period.

Sincerely,
Holly English
Principal Consultant, Values at Work