IndyBar: A Collaborative Column: Has Practicing Law Really Changed?

A. Scott Chinn, Faegre Drinker Biddle & Reath LLP, IndyBar Masters Division Chair; Monica McCoskey, Paganelli Law Group, IndyBar Young Lawyers Division Chair

This is a joint column co-written monthly by the Chairs of the Masters Division and Young Lawyers Division to compare, contrast, and relate practicing law 25+ years ago to practicing law today. Each column will examine a new general subject.

Monica and Scott discuss challenges for newer lawyers addressing sensitive questions with senior lawyers

Scott: Monica, I know there must be lots of situations where junior lawyers have trepidation about asking questions or addressing issues with supervisors or senior lawyers.

Monica: Yes – all kinds of different situations. For example, getting an assignment and not knowing where to start but wanting to avoid asking “dumb” questions.

Scott: Lots of people say there are no dumb questions, but if we are being honest, that’s probably not right. We’re human. It’s hard to get it out of your head when someone asks you something way off base or that you are shocked they didn’t know. But most people will be pretty forgiving and want to be helpful if the questioner was thoughtful and bit reflective before asking. Having said all that, shouldn’t we all try to spend the most time and cultivate the most significant relationships with people least likely to judge us for our dumb questions, which we all ask from time to time?

Scott: Of all the issue contexts, what do you think the most nerve-wracking or worrisome one is for more junior lawyers to address with senior lawyers?

Monica: I think it definitely varies based on the office structure, practice group, time of year even, but in my practice and networking circles, it seems junior lawyers can become plagued with a fear of failure and making mistakes. In addition to figuring out what all the legal jargon means (because it’s true, law school doesn’t really teach you how to practice law), we’re trying to juggle office policies and procedures, stylistic preferences for each senior attorney, having enough work but not drowning, the list goes on. I’m fortunate to work in an office where senior attorneys are not afraid to take an active role in shaping a young attorney’s success, via clear instructions, intentional feedback, and empathy.

Scott: Those are all great insights. It goes without saying senior attorneys appreciate a junior lawyer who can be bold and take the opportunity to successfully influence the more senior lawyer on the tough issue, even if they risk being wrong and/or disappointed.

Scott: We’ve heard a lot in recent years about younger people wanting more authenticity and transparency from institutions and those in power. How do you think that best applies to law firms or other legal employers? And are you worried about different views about topical boundaries among junior and senior co-workers?

Monica: I think the push for authentic and transparent communication applies across the board in the legal field. Small to mega firm, public interest jobs, to in-house counsel, we are all part of a field that could benefit immensely from giving people the grace to say it like it is (respectfully, of course). A senior attorney I used to work for once told me the negative experiences she had as a junior lawyer directly shaped the way she managed her team. Breaking the cycle is crucial—the industry is meant to evolve. But the caveat… nearly every field has a hierarchy and if you aren’t able to embrace your position on the ladder, it makes for a less fulfilling climb.

Monica: Let’s talk about compensation issues. Many of my peers are concerned about how to address raise and bonus questions, especially in settings where the pay scale is less rigid. Also, other metrics like origination credit can be awkward to be assertive about.

Scott: You’re right – and candidly those issues aren’t unique to discussions with junior lawyers. I think it is more about how different personality types deal with the almost inevitable association of compensation with personal value or sense of self-worth. My best advice is to be armed with information in three ways. First, be a scholar of the firm’s compensation system. Second, be as objective as possible about the reasons justifying the raise, bonus, or credit. Emotion in comp discussions is most often counterproductive. Finally, figure out what you want to “die in the ditch” over. Obtaining a perfect equality or sense of compensation justice may be not worth it. It depends on your sense of the quality of the relationships and experiences to be garnered and whether in essence you are being treated fairly.•

Scott Chinn is a partner at Faegre Drinker Biddle & Reath LLP where he represents public and private clients in state, municipal, and public sector legal matters. He provides advisory, transactional, and general counsel representation for public finance, procurement, regulatory, infrastructure, environmental, and economic development matters. Prior to joining the firm, he served as counsel to Indianapolis Mayor Bart Peterson and as Corporation Counsel to the City of Indianapolis. Chinn currently serves as the Chair of the Masters Division, is a member of the IndyBar Board of Directors, and is a past president. Chinn is also a Distinguished and Life Fellow of the IndyBar Foundation. He earned his B.A. from Indiana University and his J.D. from the Indiana University Robert H. McKinney School of Law.

Monica McCoskey is an attorney with Paganelli Law Group where her practice concentrates on business and real estate litigation. Prior to joining Paganelli Law Group, McCoskey was an associate attorney with a law firm in Northern Indiana, where she practiced securities litigation and represented plaintiffs and defendants in various legal matters. She is the Chair of the Young Lawyers Division, a member of the IndyBar Board of Directors, and Co-Chair of the Social Subcommittee for the Litigation Section’s Executive Committee. She earned her bachelor’s degree from the University of Michigan and her J.D. from the Indiana University Maurer School of Law.