How Can I Exceed Expectations as an Articling Student?

[Orbis]

I start my articles soon. I am prepared to work as much as I need to in order to impress the powers that be but beyond merely working hard and doing good work what else do I need to do to really make an impression and exceed expectations? Appreciate all constructive input.

[Aureliuse]

Make sure you follow the instructions of your assignments carefully, clarify immediately if you are not clear. It is frustrating when some students don't follow instructions.

Take initiative by volunteering to assist and take time to learn. 

Stay late if the partner you are working under is working late (ask first however if necessary - there are some work that would not be given to articling students).

Spot mistakes and report them immediately.

Maintain professionalism at all times - including no jokes, sarcasm, off-hand remarks, quips about clients, opposing counsel, or anyone else involved in the case no matter how much you dislike them.

Admit your own mistakes and apologize. Small mistakes caught early can be remedied almost immediately.

Edited July 15, 2021 by Aureliuse

[BlockedQuebecois]

@Aureliuse’s advice is all good advice, but I think that is what makes somebody a “good” articling student. Doing all those things is really the bare minimum. 

I think the real key to being an excellent articling student is solving problems, rather than simply answering questions. To do that, you need to understand why you’re doing the things you’re doing, and how it fits into the larger project. 

As a simple example, let’s say a lawyer has asked you to prepare a memo on unconscionability in contracts. The lawyer explains that they’re trying to avoid a class action waiver clause in an agreement, and they’re hoping the court will find it is unconscionable. The problem is that the clients who want to pursue the class action are relatively sophisticated, so the lawyer is worried the court won’t find inequality of bargaining power. For that reason, she asks you to pay special attention to cases where there was not unequal bargaining power.

You prepare the memo, and say that all of the cases require unequal bargaining power. A good student would stop there—you’ve followed the instructions and answered the question posed. 

What does an excellent student do, though? She draws attention to Brown’s concurrence in Heller, which she came across while researching unconscionability. In his concurrence, Brown argues an arbitration clause is void as against public policy because it denied the plaintiff access to justice. The excellent student writes the memo on unconscionability, and includes a brief summary of Brown’s opinion as an alternative route to avoiding the class action waiver. And of course, she offers to do further research on the topic.

So while the good student answered the question (does unconscionability really require unequal bargaining power), the excellent student solved the problem (how do we avoid this pesky waiver clause).

The other thing a stand out student does is anticipate what the next step will be and offer to assist. Did you just prepare a memo on defamation law for a lawyer who is about to write a cease and desist letter? Drop off your research, discuss it, and offer to take a first stab at drafting the letter. Did you just extensively review the law for a factum in the works? Offer to draft the law and argument section. 

In my opinion, those two are the best things a student can do to stand out. 

Edited July 15, 2021 by BlockedQuebecois

[kiamia]

1 hour ago, Aureliuse said:

Make sure you follow the instructions of your assignments carefully, clarify immediately if you are not clear. It is frustrating when some students don't follow instructions.

Educate yourself

The corollary to the above is if there's some information you can easily get without asking the lawyer, either through a google search or file review, or if your firm has a searchable database of precedents, try that first. Maybe you'll still have questions you have to ask, but you may be able to refine those questions and sound smart and prepared when you do ask them. You'll also have a better chance of understanding the lawyer's answer if you've tried to give yourself background first. Otherwise the lawyer may walk away thinking "well that was a waste of my time and I doubt I'll get anything useful out of it". 

And to BQ's point about being a problem-solver, you need to really understand the client's position if you're going to solve the problem. Sometimes the lawyer won't have time to tell you all the details. Some lawyers may not know them off the top of their head because they're working on 100 files at once. How can you know when you come across a potentially relevant case (although not what the lawyer is specifically asking for) if you don't know all your facts? Make sure you always understand before you start something:

• the parties, including who you represent
• their positions
• the main legal issues
• the facts that throw up those issues
• the current status of the case  
• how your assignment advances the client's position (or defends against the adversary's) 

Demonstrate thoughtfulness and thoroughness

Sometimes the answer to a question is nothing. But it would help if you can explain why you couldn't find anything eg. "this issue never comes up because it's always dealt with under another heading", or "all the cases say this other thing instead". That at least shows that you really looked instead of you just being a poor researcher. And a problem-solver then suggests other avenues to potentially consider. Maybe the lawyer won't be interested, but it will show that you've really turned your mind to the client's problem.

Be an educator

Don't waste the lawyer's time. Put a brief conclusion of your findings at the top of your memo so the lawyer knows if the rest of it is even worth reading. Make sure the memo is very easy to read - double-spaced, headings, structure, etc. Use lists where lists make sense (if it's a good list, it may get flipped to the client). Remember that the lawyer hasn't just spent 12 hours on the issue like you have. The more clearly you can write up your conclusions, taking the lawyer from where you started to where you ended up, the better.

I think one of the most underrated legal skills is the ability to explain a concept in a way that someone else can understand. You use it all the time with clients, other lawyers, judges, etc. Ask yourself if each sentence is clear and would make sense to someone who hasn't recently studied the issue. If there are other articling students, ask one of them to read it and see if they understand what the heck you're trying to say. 

Don't leave anything to the last minute

Time crunches are to be expected in articling, but a truly excellent articling student will look ahead and be prepared. Some assignments take a long time to do - it may be good to give those a preliminary overview and start the template long before it's due, so you know how much time you'll have to throw at it (instead of waiting until two days before to begin). Maybe you're missing a transcript that you need in order to do the assignment - it's better to know about that ahead of time. Nobody likes last minute scrambling. 

[BondGuy]

All good advice. Some additional points from a transactional lawyer's perspective: 

• Seek clarification on what the deliverable is I'm looking for at the outset.  If I ask for a "quick" memo, I do not want a 35 page treatise into the history of the law. I want something I can use.  Senior lawyers are busy and often will just delegate without being clear. They're human too. 
• Don't be afraid to ask intelligent questions. A person asks an easy question once looks dumb for a second. A person who never asks looks dumb for years. Articling students are just that: students. It is expected. Better to ask at the outset and get it right, then come to me at the last minute and we end up scrambling trying to correct for a student's incorrect assumption. 
• Try and solve a problem and come with your thoughts. They may not be "right", but it shows you're developing the skill of working through something. Similarly, try and come with a proposed solution and not just a problem. Don't "delegate up" when you can help it.