DTCI: Young attorneys should rely on their own devices at work

Back to TopCommentsE-mailPrintBookmark and Share

kevin tyra DTCIElbert Hubbard was a writer in the Horatio Alger vein in the late 19th and early 20th centuries. His best-known essay, “A Message to Garcia” (1899), tells a story from the Spanish-American War. President William McKinley needed a letter delivered to Gen. Calixto Garcia, a rebel commander somewhere in the mountains of Cuba. One of his advisors recommended Lt. Andrew Rowan.

McKinley gave Rowan the letter. Rowan took the letter without a word and departed. Four days later, Rowan landed by night on the Cuban coast. Three weeks later, Rowan appeared on the far side of the island, having delivered the letter to Garcia.

Hubbard’s point in the story is that Rowan did not ask the president, “How am I supposed to find Garcia?” Rowan had the confidence and resourcefulness to figure that out on his own, rather than bothering his superior with such questions. Hubbard asserted that such people are the ones who succeed in life, as opposed to those who need everything spelled out for them.

This is a useful lesson for today’s law firm associates, as well as any relatively junior attorney, whether in a corporate legal department, government agency or elsewhere. To the extent practicable, young attorneys should rely on their own devices to determine what needs to be done, and how to do it, rather than expect the more senior attorney to spell it out for them.

There are limits to this, of course. It behooves the more senior attorney to provide guidance to the subordinate when appropriate. If, for example, the more senior attorney already has specific themes or ideas in mind for the motion for summary judgment, he should share those with the subordinate at the outset. And if the more senior attorney is well versed on an issue and the subordinate has virtually no experience, it makes sense to provide some guidance that may significantly reduce the time the subordinate spends on the project, which presumably the client would appreciate. But the first thought of the associate should be, “How can I figure this out for myself?”

Which brings me to the concept of “completed staff work.” I learned this as a young Navy JAG officer assigned for two years as a ship’s legal officer 30 years ago (I also learned that the shell-backing ceremony when the ship crosses the equator is really disgusting, but that’s a different story).

When making either a written or an oral report to the commanding officer, the staff officer is expected to answer, or be ready to answer, all foreseeable questions the commanding officer may have that were raised in the report. If, for example, you recommend filing court-martial charges against a sailor, also describe (or be prepared to describe) the witnesses and evidence anticipated by both the prosecution and defense and analyze the likely outcome of the court-martial, as well as any blow-back, such as the effect on crew morale.

If the commanding officer has any questions (particularly any unanswered questions) at the end of your report, you have failed to produce completed staff work.

And for any question the commanding officer may have for you at any time, there are only two acceptable answers: (1) a correct, complete and substantive answer to the question; or (2) “I don’t know, Captain, but I will find out and report back to you promptly.”

This concept is fully applicable to just about everything we do in the civilian legal profession as well. It applies to memoranda and other work-product for more senior attorneys in the office, as well as to pleadings to the court.

Where many attorneys are more likely to fall short in this regard is in communications to the client (particularly the corporate or claim-department client).

When you report to the client that you have received the opposing party’s responses to your written discovery, do you highlight what is significant about the responses? What is different from the information you previously had? And what are the next steps, leading to what ultimate disposition in the case?

When you review your work-product, if you put yourself in the shoes of the recipient and can think of no more questions that you have left unanswered, you have likely achieved completed staff work, and you are ready to hit “Send.”•


Kevin C. Tyra is a director of the Defense Trial Counsel of Indiana and the principal of The Tyra Law Firm P.C. in Indianapolis. The opinions in this article are those of the author.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...