Despite my short time in this profession, I have come across lawyers who were way more senior than me but who were incompetent, or at least, not as competent as you’d expect people of their seniority to be.
At the same time, I have met young lawyers who were mature and skillful beyond their age and time in practice.
Now, this is not a post to criticise, to judge, or to claim I’m better than others (I’m not); it is merely an observation, and perhaps, to serve as a cautionary tale.
Let me explain.
What Does It Mean to Be A Good Lawyer?
I judge a (litigation) lawyer’s ability by these criteria:
- Work rate & efficiency;
- Knowledge of the law;
- Fundamentals e.g. ability to submit & cross-examine;
- Practicality of his/her advice & actions;
- Ability to think critically & holistically;
- Creativity in arguments, strategies, & solutions;
- Thoroughness & meticulousness;
- Commercial awareness;
- Client acquisition & management ability; and
- Judgement calls (perhaps the toughest of all, but the most valuable)
Therefore, seniority is not one of the measurements, and seniority also doesn’t guarantee excellence in the above.
Importance of Incremental Improvement Over Time
Of course, naturally one would expect someone with more time in the bar, having had more time in developing the above, would be better in them.
But in real life, that is simply not true.
The reason is this:
“Time” means nothing, if it’s not “Incremental Improvement over Time”.
The graph by James Clear in the feature image illustrates it best.
Unless time is accompanied by consistent & meaningful improvement (preferably compounding), one may just end up being a 40-year-old lawyer with the same skillset and competence as a 27-year-old.
Seniority as An Obstacle Towards Excellence
In fact, seniority may just be the biggest hindrance to improvement and excellence.
Here’s why.
1. Complacency
A senior lawyer may no longer do his/her own legal research but expect his/her juniors or solicitors to do it for him/her. He/she may no longer show up to meetings prepared because clients will swallow whatever he/she says. He/she may no longer read or attend training because he/she assumes he/she knows enough. And of course the curse of “I have always done things this way, so why should I change?“.
2. Responsibility over non-legal stuff
A senior lawyer may be so occupied with his/her non-legal roles, such as managing the firm’s physical office (renovation and stuff), recruitment, finances, and more, that his/her practice is neglected and he/she tries to get by daily with the bare minimum.
3. Deference and tolerance by people around him/her
Because he/she is senior, juniors or other lawyers agree with him/her even when he/she is wrong, praise him/her even when he/she has performed poorly, and dare not call him/her out even when he/she made a mistake. Sometimes even Judges, tolerate bad behavior and incompetence of lawyers because they are supposedly “senior lawyers”. Judges give them more minutes and the benefit of the doubt that they would have never given a junior.
So how?
Those are the reasons, amongst others, that I think why after some years in the bar, some lawyers may hit a plateau in their competence, or even deteriorate.
What I think can help though, are as follows:
- Having mentors who can correct you or guide you no matter how senior you are;
- Having partners who are honest, objective, and straightforward to keep you in check;
- Assuming the role of a teacher. To be able to teach, one must be able to identify mistakes and weaknesses, explain them coherently, and suggest a better alternative. If you can’t teach, it may mean you’re not as good as you think you are; and
- Never be too good for the basics. No matter how senior you are, read, attend courses, ask questions, do your own legal research, pay attention to how others do things, and constantly think of better ways of doing things.
Conclusion
While experience (that comes with time in the bar) is certainly valuable, consistent improvement over time is way more important.
The latter can overcome any lack of talent, while laziness, complacency, and arrogance, can lead even the most talented individual to mediocrity.
Always remember to Focus on the Daily Grind, to read more of articles on legal practice, click here The Art of Advocacy