“BE KIND TO PEOPLE”: THE (ALMOST) COMPLETE GUIDE FOR ASPIRANT AND NEW LAWYERS FROM TWITTER
Yesterday I set out some of the Advice given on Twitter to those making a start in the legal profession. Here I have most of the posts. The discussion is still going on. There has been a particularly long chain of tweets about appropriate dress. The overwhelming positive response to this means that I will do a series of specific blog posts in the future, seeking more focused advice and views. Many thanks to all of those who have contributed. (There cannot be many times that lawyers offering this kind of advice on Twitter reaches both the Times and the Today Programme on Radio 4).
ADVICE TO ASPIRANT LAWYERS
I asked the good people of Twitter for the advice they would give to the tyro lawyer. The legal Twitterati came up with ideas in their droves. As I’ve said before the dominant themes were the importance of treating everyone (particularly administrative and court staff) with respect; knowing you will make mistakes and putting them right. Being nice, it is made clear, is not the same as being a walkover.
The Secret Barrister @BarristerSecret
Be kind to people. Few can expect to be the best lawyer in the room, but anyone can be the nicest.
Nick Peacock @nickapeacock
Cultivate a life outside work – read the Wellbeing at the Bar website, in particular the Staying Well section: https://www.wellbeingatthebar.org.uk/staying-well/
ViewFromTheNorth (QC!) @jaimerh354
You will often lose, just make sure you lose beautifully.
LUIZ LESSA @LFVCL
Only punch walls, when you know no one is watching.
Gordon Exall @CivilLitTweet
Surely the wall always wins.
Joseph Sinclair @_josephsinclair
Not if nobody sees it win
Liam Lane @liamivolane
If you are going to name drop on CV’s/applications, double check with the person first!
Nearly Legal @nearlylegal
Don’t write letters threatening to report us to the Legal Aid Board. It hasn’t existed since 2000 and we’ll laugh.
Alexander Davenport @ADavenport86
One piece of advice I give every trainee, NQ, paralegal etc. Sign up and read Civ Lit Brief and learn from it. We are in a profession where the day you stop learning, you either make a mistake or retire.
Gordon Exall @CivilLitTweet
I’m not paying you for this am I?
Alexander Davenport @ADavenport86
Was it you who told me not to sign anything without reading it first? 😉 invoice is in the mail.
Gordon Exall @CivilLitTweet
& I thought it was a car hire agreement.
Alexander Davenport @ADavenport86
No it said CivLit not Civic. Proof read everything (these tips could go on for ever, it could be a very very long blog)
Dan Herman @DanielJHerman
1. Don’t use emotive language. 2. Lawyers don’t “think”, “feel” or “believe”: they “take the view”. 3. Attendance notes, attendance notes, attendance notes. 4. Never assume what your client’s instructions will be. 5. No client or case is worth your practising certificate.
Steven Kennedy @SjBarrister
I would add to 1. Don’t use adjectives. It is amazing how short your written submissions are
when they are taken out, truly incredibly wondrously breathtakingly audaciously shorter….
Dan Herman @DanielJHerman
Agreed. A lawyer need never use the word “very”.
Silk Legal @SilkLegal1st
For those starting out……Law is a business. Make yourself an asset not a liability. Clients don’t
always tell you everything. Practice defensively.
Gordon Exall @CivilLitTweet
“Defensive litigation” – there’s a thing: https://t.co/dYLTEhh7kT
David Hughes ⚖ #FBPE @DghSpanishWelsh
If you’re at the bar, respect your solicitors. They do a harder job than we do. Their views in a case, their input, is valuable.
Sue James @sue_james1
When conducting a home visit always choose a hard surface to sit on.
Gordon Exall @CivilLitTweet
Come on Sue – there is a story behind that advice…
Sue James @sue_james1
There might be a few. I have been in some weird and wonderful places!
Jeremy L W Townend @j40lwt
You may understand and be familiar with the term you are using! The client may not be or have a different understanding. In one of my roles LGB, means Lesbian guy bisexual, in another, Local Governing Body
Gordon Exall @CivilLitTweet
QC, in the clothing trade, means quality controller (this once caused a lot of confusion).
(((Snigdha))) @snigskitchen
1. Don’t use big words or legalese if you aren’t comfortable with it or don’t know what it means. Getting it wrong makes you look foolish, which damages your professional credibility. Simplicity is persuasive, and more likely to work for you. #lawlifeforU
(((Snigdha))) @snigskitchen
2. Young barristers can learn a lot from solicitors: they take attendance notes of everything. You never know when you might have to double check or verify something you remember being told by your client. Don’t ever trust that everything they tell you is true. #lawlifeforU
Nικος Ξυδιας @Greekbluenose
Don’t wear themed ties or wacky socks.Always treat Court staff with courtesy & respect. Move on from good & bad results quickly. Ask for help if you need it. Admit to mistakes & learn from them.Make good tea. Read the room before cracking jokes.Folks have long memories – be kind.
Direct message
Lynn Buckley @lynnbuckley1988
Don’t eat Pom Bears.
Catherine Rowlands @cjr1968
It’s ok to wear flat shoes #lawlifeforU
David Hughes ⚖ #FBPE @DghSpanishWelsh
Talked about that with a pupil yesterday. Apparently, her law school had marked down students in advocacy exercises who wore flats!!!
Catherine Rowlands @cjr1968
That’s truly appalling. I can honestly say, as a Judge, you cannot see people’s feet and you could wear clogs and I wouldn’t care.
Sam Raincock @SamRaincock
I always wear smart shoes since as an expert I have to walk in as a witness so court will see them. However I wear flats with a trouser suit. I cannot understand why anyone would think unacceptable let alone mark down a student for it.
K Marysia W @KMarysiaW
When I did the BVC I was told that women should not wear trouser suits and should always wear a skirt suit. I never wear a trouser suit in court now and would love to.
Too much fear
Catherine Rowlands @cjr1968
Oh goodness, do wear trouser suits if you want! I was called in 1992 and I was one of the first to wear trousers in Court! I often do and have never had any problems whatsoever. (Except growing out of them…!)
Barbara Rich @BarbaraRich_law
I’m appalled by some of the sartorial advice to women apparently being given by law schools. High heels are uncomfortable, bad for
your feet, & some people have foot problems which make them unwearable. Trouser suits are smart, comfortable and save worry about laddered tights
WFC @wheatfrom
Never, ever, allow your opponent to apply to amend a pleading by withdrawing an admission without asking Counsel if he will be relying on it at trial. (Or, having done so, fail to inform Counsel before sending him the trial bundle a couple of days before the trial.)
Lucy Reed @Familoo
don’t get over excited. calm is effective. channel your passion – don’t let it control you. (I am a complete hypocrite by the way but just do as I say and pretend you haven’t noticed)…
Laura Bailey @LauraB_IM
Be nice to everyone. Always. You are not better than the people that are assisting you (other solicitors, legal assistants, secretaries, court staff etc) #lawlifeforU
Lucy Mills #FBPE @lucyemills
One of my boss’s favourites – when corresponding with the other side, treat every letter/email as if it will one day come before the court #lawlifeforU
Chris Dale @chrisdaleoxford
RTFR
Gordon Exall @CivilLitTweet
What’s that mean Chris?
Chris Dale @chrisdaleoxford
“Mean Chris” – sounds like a cynical sort of chap in a black hat. Read The F* Rules One day I’ll publish the video in which I came out with that while recording an educational video
Gordon Exall @CivilLitTweet
The question mark makes all the difference here…
Chris Dale @chrisdaleoxford
Ah, yes. Anyone chancing on the flood of answers to your question, and not knowing why you’d asked the question, will think the whole bar is throwing unsolicited advice at you
Caroline Hooton @carolinehooton
Admit when you don’t know something and need to look it up. You look like a thundertwit if you chunter a load of bullshit that you then have to retreat from at a later date. Also don’t be afraid to give advice and an opinion. That’s what you’re being paid for.
RebelLaw @RebelLawLtd
Know that if your opponent leaves out the ‘kind’ from ‘kind regards’ in an email, they are viciously angry with you. Then kill them with politeness. Cooperation with the other side makes the case progress better. You are not at war with your opponent. You are both doing a job.
Andrew Burton @ARBurtonWorld
Interesting first point. I’d have said “kind regards” is more formal therefore less friendly than “regards”.
Matt Jackson @MattJEJackson
I’ve never added “kind”.
Andrew Burton @ARBurtonWorld
…. leaving the reader to decide for themselves the nature of the sentiment
conveyed?
CrimeGirl @CrimeGirI
Some clients will tell you an account and the entire thing will be a lie (I know this is obvious but you can’t imagine the amount of people who believe everything clients say and are then left shocked and confused when they discover they’ve been lied to) #lawlifeforU
Direct message
Rick Martyn … Stop The Tories! Stop Brexit! @RickBlagger
A criminal that doesn’t know the strength of the case against them or thinks a brief can perform miracles deserves jail.. it’s why it’s best to work alone and have a good memory…
ooh sorry, this was tips for aspiring barristers
Gordon Exall @CivilLitTweet
No. Anyone starting out in any part of the legal profession not just Barristers.
Rick Martyn … Stop The Tories! Stop Brexit! @RickBlagger
Btw .. “work alone and have a good memory of events” was advice to
aspiring criminals. .. But this does help barristers and solicitors too, I think?
Oliver Kirk @Kirkabout
Never do anything that you wouldn’t be happy explaining to a High Court Judge. #lawlifeforU
Patrick Limb @PatchLimb
Cut the adverbiage. If your opponent’s submission is wrong, says “this is wrong because ..”. To say, for example, ‘completely erroneous’ or ‘fundamentally flawed’ adds nothing; and diverts you from saying why it’s wrong. The key bit comes after the word “because …”.
Lucy Mills #FBPE @lucyemills
Keeping good attendance notes of EVERYTHING is of utmost importance. You never know when you will need to show what was said #lawlifeforU
Hilary Wetherell @hilarywetherell
Make a real effort to find the answer before asking others; resources and information are more accessible today than they have ever been #lawlifeforU
CrimeGirl @CrimeGirI
Heroin addicts like 5 sugars in their tea & if you are trying to give advice or take instructions when they are “rattling” you best be short, to the point and funny. #lawlifeforU #ThingsTheyDontTeachYouInLawSchool
John Franklin-Pryce @prycepoints
When available nearly all recidivists will chose hot chocolate and 4 plus sugars. It’s not indicative of drug use specifically but for the quick high giving a short confidence boost. Been this way since the early eighties.
LawMan @Lawforall007
Treat ushers and HMCTS admin staff with kindness and respect. You never know when you might need an adjournment, case put back, photocopy etc. These are people that have the ear of the judge and listing staff. Rudeness to court staff is the height of stupidity.
Elizabeth East @elizabethceast
Same for support staff in your own firm. Always amazed at trainees & NQs talking down to secretarial staff. If you’re a trainee with an experienced legal sec, s/he knows more & is a more valuable asset to the firm than you. Don’t act like everyone who isn’t a lawyer is a moron.
Levins Solicitors @LevinsLaw
If your opponent states a proposition of law that surprises you, don’t be afraid to ask what their authority is. If they can cite the authority you will have learned some new law; if they can’t, you will have learned something about your opponent!
Lucy Mills #FBPE @lucyemills
Most clients are not usually familiar with legal jargon. Keep it to a minimum and, where you have to use it, explain what it means. It’s easy to forget this when you use it day in, day out #lawlifeforU
(((Snigdha))) @snigskitchen
(((Snigdha))) Retweeted Grant Evatt:
Grant Evatt @grant829
Avoid @twitter #lawlifeforU
Thinking about @grant829’s advice, he’s got a point. I’d say have a closed private account for friends, family, and rants. Have a public, outward facing account for your professional self. I haven’t done this, but see the merit in doing so. #lawlifeforU
Emma Mason @emmammason
#lawlifeforU 28 years ago, when I was an articled clerk, my principle taught me never write anything that I wouldn’t be happy for a judge to read.
LawMan @Lawforall007
If you make a mistake, fess up and apologise early. Most opponents and judges will help you find a way out of whatever trouble you’ve caused. It’s the cover up that causes all the bother!!
Sarah, Essex Wonder @smayman
When writing about previous placements in your CV, don’t breach client confidentiality.
Leisha Bond @Leisha007
#lawlifeforU YOU didn’t lose the case. The judge/jury didn’t believe your client/didn’t accept THEIR case. Move on or the job will kill you. If you can’t let go don’t do this job.
Charlotte John @LottieJohn1
Don’t berate yourself over perceived mistakes, it’s impossible to think clearly when you’re beating yourself up. Be kind to yourself and ask – is it really a mistake, does it matter, can I do anything to put it right, can I learn from this?
More
Heidi Li Feldman @HeidiLiFeldman
Avoid getting into money trouble of your own; live beneath your means. Financial pressure undoes good judgment.
Colm Nugent @Wigapedia
If you are faced with an ethical dilemma, and are unsure what to do. Imagine yourself explaining your action (or inaction) to the Bar Council in a disciplinary hearing. The degree of discomfiture (or confidence) that you feel, is an excellent guide as to what you should do.
CrimBarrister @CrimBarrister
When I was a pupil, I received advice which I still follow, which was: when making a decision in a case, always imagine how you would explain & justify it to the Court of Appeal if required. If you couldn’t justify it to them, don’t do it!
Frank Dillon @frankdillonpoet
Advocacy advice: SLOW. DOWN. If you write those two words, in red, at the top of each page of your notes, for the first few weeks on your feet, you will gain confidence very quickly.
Dr Galloway @katgallow
Thank you. I will post this at the top of our advocacy materials for students. It’s excellent advice.
paul nicholls @paulnicholls
My best advice in advocacy is to imagine the judge is slightly hard of hearing, bored, and a bit daft. Elevating your voice, keeping it simple and coherent, and talking slower than you think you need, has the benefit of keeping you on track, able to understand, and coherent.
Peter McKenna @PeterMcKenna2
When writing a letter to the other side imagine the judge reading it aloud in Court. If you feel uncomfortable, start again.
Tom Russell @TRLawMediaton
1. Try never to be surprised.
2. Never admit to being surprised.
3. Never ever incorporate that you are surprised into a submission.
Steven Mather @smather21
The amount of times I read “we are surprised at your …” in correspondence. As you say I was taught not to be surprised. I sometimes want to write back “I am surprised at your surprise. Are you not a lawyer?”
Tom Russell @TRLawMediaton
People do seem to say that a lot, mainly in circumstances which ought not elicit such a reaction, but it does not surprise me (self-evidently). I’ve been involved in so many situations that I am honestly never surprised these days!
Becky Owen @BeckyBarrister
Saying sorry will often “diffuse” an irate judge!
Reply
Leisha Bond @Leisha007
Be nice to the ushers. ALWAYS. #lawforlifeforU
Alexander Davenport @ADavenport86
Dont be afraid to ask for help. There is no such thing as a stupid question, if you dont know the answer the question is not stupid (I’m sure I have recently said this before)
Alexander Davenport @ADavenport86
Learn to switch off!
Steven Mather @smather21
Be straight with the client on prospects and costs from the beginning.
paul nicholls @paulnicholls
Sack / work on getting rid of your client at the first hint they’re not going to pay you.
Don’t even take them on if they walk in with printed pages from Wikipedia.
Martin Curnow @mjCurnow
I’m very good at spotting those & kick myself when I let one slip through. I redeem myself though when I use the skills they kept praising but not paying for by suing them & ultimately making them pay more.
Lucy Mills #FBPE @lucyemills
A good paralegal is invaluable. Treat them and other support staff with the respect they deserve #lawlifeforU
Laura Bailey @LauraB_IM
Own up to your mistakes when you discover them. Everyone makes them but owning them will go down a lot better than trying to bury them! #lawlifeforU
Lisa @liskhat
This 100%. Never try and cover it up or blame someone else. Chances are it isn’t as bad as you fear.
Adam Creme @Adam_Creme
Never ever accidentally miss out the word “not” in a letter/e mail etc
Sarah, Essex Wonder @smayman
Be the person who helps colleagues out when all their deadlines fall on the same day. It will happen to you eventually and you’ll be grateful for them helping you out. You’re a team.
Davida Blackmore @AdvocateDVB
If you’re dealing with those suffering from mental illness drop the legal jargon. Listen to what they want to say. You may be the only person fighting their corner and who is able to hear to their concerns (no matter how rambling). Be kind. Don’t be dismissive.
Davida Blackmore @AdvocateDVB
Also be respectful to court staff and everyone involved in the legal system. You are
not better than the usher/secretary/clerk just because you’re doing the speaking bit. Everyone is important (also the nicer you are to people the more likely they will help you out if needed!
Davida Blackmore @AdvocateDVB
Also, don’t forget to say thank-you. To your secretary, paralegal, associate, expert, mediator or anyone who’s been of assistance to you. It takes seconds and costs nothing.
Kate in N8 @kateinN8
Always to help when you have capacity to. You’ll learn, be a good colleague and stretch yourself.
Paul Seddon @paulsedd
Be nice to your opponent and don’t refuse to co-operate with reasonable requests. At some point you’ll need a favour from them and most will reciprocate.
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David Hughes ⚖ #FBPE @DghSpanishWelsh
If you’ve got as far as starting to practise, you’re almost certainly good enough. You’ll make mistakes. But you owe your future clients your best. So learn from mistakes, but don’t dwell on them. Easier said than done, I admit.
Deirdre Ní Fhloinn @DeirdreNiF
1. Be polite.
2. Don’t Panic.
3. Keep an eye on your WIP. Eaten bread is soon forgotten!!
Paul Seddon @paulsedd
Always remember you work under a contract and if that contract doesn’t entitle you to do the work then you won’t get paid for it, no matter how good a job you do or how worthy you think it is. Check and understand your terms BEFORE you do the work!
Rachael Heenan @HeenanRachael
You have a responsibility to look after your colleagues both at work and in the sector and help them progress. It’s not all about competition or winning. You will go a long way by helping others.
JulieAndrew’sUglyBrother @suglybrother
An advice/opinion has a beginning, a middle and an end. The brief may sit in a corner looking at you, weighing you down. But it still has a beginning, middle and end. Type the paragraphs that you can, then fill in the gaps afterwards. Surprising how quickly the anvil lifts.
Lucy Macklin @lmacklin_IM
You never stop learning no matter your PQE. Embrace it & don’t beat yourself up for not knowing everything.
Neil Mackenzie @nrm_advocate
In most cases, finding common ground is most persuasive (whether with the court or in negotiation). Doing so focuses the dispute and shows that you mean business in the disputed area(s). Going in hard is usually a sign of being brittle. Being rude is never justified.
Anthony McCarthy @paulistapark
Got a difficult client or opponent? Pick up the phone or even better meet up. They’ll either surprise you and be much more reasonable than you thought or confirm your original opinion. Both are useful things to know.
Michael Ranson @michaelranson
Your client rightly expects you to know what the law is and rightly expects you to be clever. Don’t bang on about those things. The route to impressing people – clients and opponents – is often to be kind, available, comprehensible and empathetic.
Samantha Malin #FBPE @SamanthaMalin
Don’t be scared to say ‘I don’t know but I will find out & come back to you’. No-one can know everything. Clients appreciated my honesty. And treat your PA like the most important person in the world – for you, they are. They will save you time and again.
Samantha Malin #FBPE @SamanthaMalin
If you work in a big firm (as I did), the receptionsts, people in the print room, caterers, BD and marketing people, court clerks,paralegals etc are all worth your utmost respect. They
will bust a gut to help you so make sure you appreciate them. They are often better than you.
Neil @neilsnds
Always make time to sit at the back of your tribunal to watch and learn about it.
Michael Mylonas QC @mmpolista
Best one is the SC – watch the saved videos to see how individual judges tackle different issues. Gold dust for advocates.
Leisha Bond @Leisha007
#lawlifeforU don’t take anything personally… though it’s sometimes hard not to
K Marysia W @KMarysiaW
There is no such thing as a 9-5 shift. Yes it is incredibly hard at times and people won’t always say thank you but strive to be the best no matter what. Be ethical and polite no matter how others may treat you as reputation matters #lawlifeforU
Catherine Rowlands @cjr1968
Check you are pressing “forward” rather than “reply”. #lawlifeforU
Charlotte John @LottieJohn1
And never ever ever forward an email chain to a judge. Never!
Naomi Neville @NaomiNeville1
1. Remember that you are not expected to know everything, it is better to say “let me give that some thought and come back to you” than to give the wrong advice; 2. If you realise you have made a mistake, own up to it, tell your supervisor. Never hide it.
Steve Sutton @sutton_steve_
Look at your client’s case and think, “what if this went before a judge tomorrow?”. Identify the holes/problems and work on fixing them as quickly as possible. Nothing wrong with being ready too early.
Steve Sutton @sutton_steve_
I suppose “too” implies something is awry. But there’s nothing wrong with being ready sooner than you need to be
Miss B @thetrueMissB
Admit what you dont know and always confess if you’ve made a mess
Miss B @thetrueMissB
And always always spend time listening to your client. They need to believe in you, and you always need to know where they are coming from, what they want/need…(plus any problems)
Thomas Long @ThomasMLong
Be courteous & respectful with your opponents. Rarely is anything gained by being aggressive or obstructive with your opposite number. Ultimately, you’re both doing a job and seeking the best for your respective clients.
Thomas Long @ThomasMLong
My experience is limited to litigation, but I am sure this applies equally to all areas of practice.
Steve Sutton @sutton_steve_
On a telephone hearing, if you hear the judge say hello and you aren’t sure of their gender, let your opponent go first
Jonathan Boyle @InjuryBarrister
I was once had a tele hearing in which I went for sir, my oppo went for madam. I was forced to refer to the judge as “the court” thereafter.
Sarah, Essex Wonder @smayman
Also, don’t keep putting off the difficult work. Or the easy work for that matter. Or the stuff that doesn’t have a deadline (for you). It might not be important to you, but it is important to your client.
Alexander Davenport @ADavenport86
Everyone had that file on the shelf gathering dust. Grab it and sort it out, it’s never as bad as you remember
Angela @fab_ange
I’ve heard legend of firms in days past where there would be one day a year when colleagues would swap the matters they dreaded picking up. Fresh eyes.
Steve Cornforth #justicematters @SteveCornforth2
If you draft an angry email, leave it for 1/2 hr, get a coffee, listen to a joke, then re read it before you click send
Jenna Kisala @jennakisala
All of this. Also any email directly to the judge. That will be the one with the unfortunate typo.
Julien Burcher @Dowellenough
In similar vein… check the spelling of judge names 3 times before sending 🙁
Philip Morris @PhilipJMorris
“We should be grateful if you would”, as opposed to “We would be grateful if you could”. Thank you.
Gemma Stanley @Gemma_Stanley1
Never reply to an email in anger (however tempting it may be)
Sarah, Essex Wonder @smayman
If you give a client your phone number, they will use it. Probably at 2am.
Alexander Davenport @ADavenport86
This isnt Suits, Ally McBeal, A Few Good Men, Murder in the First, Silk *insert generic law TV show/film* leave that illusion at the door and dont assume you are them or are owed anything now you are qualified. You will have to work v.hard to get anywhere and stand out
David Graham @semaphorist
Check everything. Don’t trust what you are told; be curious. Try to think like the judge or jury. Leave 10 mins after you think you finished written work, have a break and check through again for typos or errors. Admit ignorance. Don’t engage in gamesmanship. Think positive.
David Hughes ⚖ #FBPE @DghSpanishWelsh
There are two basic types of advocate. Those who need to learn when to stand up, and those who need to learn when to shut up. When to do which is the hardest lesson. The first step is, understand which type you are.
LawMan @Lawforall007
My PM used to say there were 2 types. “Those that take instructions and those that give advice”
Felicity Shedden @FShedden
Get the little things right. The ‘Children’s Act’ or ‘Prohibitive Steps Orders’, for example, crop up way too often in sols’ correspondence and pleadings. It undermines confidence in everything else you say. (Good grammar helps to make a good impression too). #lawforlifeforU
Ergo Law @ergolawfirm
Learn to touch type
Peter McKenna @PeterMcKenna2
If you have a 30 min application listed for 10am, you will NOT be done by 10.30.
Stephen Sadler @Stephen_Sdlr
Remember to take a breath! You might be ambushed by a question you didn’t expect, or angered by a perceived slight. When that happens, slow things down, take a breath and really consider how you respond. Useful to remember outside of court too.
Graham Gowland @Graham_Gowland
Always ask yourself “Might I be wrong?”