A curmudgeon spins the basics for legal neophytes

A book review by Mark E. Ferguson of “The Curmudgeon's Guide to Practicing Law,” by Mark Herrmann (ABA Section of Litigation, 2006).

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Each year, hundreds of law school graduates arrive for the first day of work with little understanding of what really will determine their fates at the big firms they join.

While the quality of their work will be important, the reality is that politics and personalities will also play a large role. The good news is that Mark Herrmann has written an easy-to-read guide for these new lawyers.

Writing as a curmudgeon, a crusty veteran of the litigation wars, Herrmann explains not only how to be a good associate from a technical standpoint, but also more generally what it takes to advance in a big firm.

And belying his alias, Herrmann does so with great humor – about himself, about the litigation process, and about the profession in general.

“The Curmudgeon's Guide to Practicing Law” is nominally aimed at the minions in firms like Herrmann's own Jones Day, but there is plenty in the book for the rest of us.

As Herrmann breaks down the basics of litigation, it becomes clear that while there is a lot of difference between big-firm and small-firm practice, there is a lot that is the same.

The curmudgeon's advice is detailed, but Herrmann's basic underlying message is simple: A lawyer is more likely to succeed if he or she uses common sense and treats others with common courtesy.

That may be old-school thinking, to be sure, but for new associates still full of their own recent academic successes, it is timely guidance as well.

Indeed, an entire chapter is dedicated to the views of “The Curmudgeonly Secretary.” There, a veteran assistant advises that being a thoughtful boss will take even a brilliant young legal scholar further than midnight oil alone.

“If you want me to act like I am part of the team,” the CS suggests, “then treat me like I am part of the team.” Impressively, the curmudgeon even practices what “he” preaches (it was Herrmann's own secretary, Laura Bozzelli, who conceived this chapter and wrote the first draft).

The curmudgeon's approach to modern communication technology draws on a long-lost, second-grade etiquette curriculum.

In “The Curmudgeon on Couth,” Herr-mann explains how old-fashioned courtesies, from the days of live telephone operators and paper correspondence, can and should be used to make voice-mail, e-mail and BlackBerry messages less off-putting.

It is almost shocking that what once seemed to be universal truths of politeness need to be restated to fit the new world, but they do.

There is, of course, a great deal more to the Curmudgeon's Guide. Interspersed with the humor are simple formulas for effective memo and brief writing, a primer for taking and defending depositions, and a methodology for preparing and giving a persuasive oral argument. Every new litigator should read these, and so should most older ones.

And interspersed with the serious technical instruction is some pure fun. “The Curmudgeon's Law Dictionary” is somewhat less comprehensive than Black's but, perhaps in some respects, more insightful.

For example, defining “Attorney-Client Privilege,” the curmudgeon gets right to the nub, explaining: “Ordinarily, the likelihood that a document is privileged is directly proportional to the value of the document to the opposing party's case.”

The Curmudgeon's Guide doesn't really claim to be a one-size-fits-all manual for success in the practice of law. Herrmann knows that the legal memo a large firm partner requires may have no counterpart in many smaller offices.

He recognizes that the curmudgeon's guidance on time management and billing may be less useful for those working on a contingent fee or in public service. And he has no illusion that pithy advice on how to “Dress for Success” will be universally applicable.

Still, the thinking that underlies the “curmudgeonly” approach – the old-school notion that quality and professionalism still matter a great deal – is universally applicable. In this respect, only the title is over-ambitious.

Most broadly, the Curmudgeon's Guide provides a partner's-eye view of the law business. From Herrmann's chair in the Cleveland office of Jones Day, that view includes a lot of big-firm protocol.

But even where the details are less relevant, one thought transcends. “We are not in the legal industry; we are in the service industry. When we work with clients, we try to do just one thing: Make their lives easy.”

If that single piece of advice sticks, the Curmudgeon will have done well.

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Mark E. Ferguson is a founding -partner of Bartlit, Beck, Herman, Palenchar & Scott, Chicago, where he represents clients in -intellectual property, products liability, financial and other complex litigation matters.