A simple secret to success

Nancy R. Wilsker, partner at international law firm Brown Rudnick LLP, discusses the importance of remembering you are in charge of you.

You are in charge of you’. I first heard those words from a preschool teacher who was focused on my miscreant of a son, as he complained loudly that someone else was responsible for the pickle in which he now found himself. In the intervening years, I have been struck by the wisdom of those simple words, and at how often they apply.
As lawyers, we are asked for our advice, our expertise in structuring transactions, our skills in closing deals. We strive to please a client or prospective client, a partner or a peer. We represent our firm or our company 24/7, and know that – wherever we go and whatever we do – we are the face of our firm, our company, our client. But we should never lose sight of the fact that, in everything we do, we are – first and foremost – ourselves, and that the most important person we represent is ourselves.
There are many places and times in your career that it is important to remember that you are in charge of you.
If a client wants an opinion that you do not think is founded in the law or the facts, suggest an alternative. Be creative: how else can you achieve the client’s objective, without giving an unfounded opinion? Ask for help or advice if you need it, but don’t just go along. Your malpractice insurance is there in case you make a mistake: it’s not a licence for your client to do whatever she wants, regardless of what the law says.
If someone asks you to do something you think is wrong or unethical: say no! Maybe you should ask a trusted advisor or colleague for advice, or research whether your objections are well-founded. But if you conclude that you are being asked to do something inappropriate… don’t do it! That licence to practice law is yours and your judgment is what protects it. The independent US administrative body, the Board of Bar Overseers, will not excuse your behaviour because someone told you to do something.
If a performance evaluation suggests you have some weaknesses that need to be addressed, address them. How often have I heard associates lament that they are ‘done for’ after an evaluation that wasn’t entirely positive, as if the termination letter has already been written? An evaluation is just that: a summary of strengths and weaknesses. If you don’t act on it, or if you conclude that they have it in for you, you’re failing to take charge of your career and relinquishing control of your future. The firm can reach no other conclusion than that they were right. Instead, seize the day. Act on the suggestions and become a better lawyer. Win, lose or draw, the firm will acknowledge your effort.
If there is an obstacle that is preventing you from doing your best, figure out who or what the problem is and find a way to resolve the issues constructively. I once dealt with an associate whose work had always been excellent, but whose focus and work product had been affected by a family problem. When I questioned him about a missing assignment, he apologised profusely and vowed to do better. But the reality was he was simply trying to live up to my expectations; he was not figuring out how he could do his best under trying circumstances. As he wasn’t dealing with the problem, he was likely to disappoint and my opinion of him was likely to diminish. If, instead, he had taken charge of the situation, there could have been a different result. Perhaps he needed to take some personal time to address what was going on at home. Perhaps he should have requested a temporary reduction of his workload or additional support. This young associate should have figured out what he needed and asked for it. In my experience, people are sympathetic and responsive to a reasonable request for an accommodation. Once the arrangement is made, you can focus on meeting – or exceeding – the new expectations. I am sure this associate felt he was a victim of circumstances. And, it is true that circumstances worked against him. But he needed to seize control of the situation and decide how he wanted to control the outcome, rather than simply allowing himself to be buffeted by the winds of misfortune.
The funny thing about learning how to be in charge of you is that it teaches many lessons about practicing law. You learn how to listen carefully, analyse thoroughly, and advise creatively. You learn to be thoughtful and principled. Clients, friend, and colleagues will seek your advice and assistance, knowing that they can depend on your judgment. They will depend on you to deliver, and they will depend on your integrity. In the long run, that’s what being a lawyer is all about. You are in charge of you. A simple secret of success.

Nancy R. Wilsker is a partner in the corporate department at international firm Brown Rudnick LLP. She can be contacted at +1.617.856.8343 or nwilsker@brownrudnick.com.