GREETINGS: YOU HAVE BEEN SUED.

one main problem i have had with law is the fact that, if i open my mouth, i could be sued for whatever comes out. so, for me, the fear of being sued for malpractice -- and, let me make clear, in today’s world, you can be sued and never have done anything wrong -- caused (and still causes) great anxiety in me. the law is all about “being right” – at the end of the day, that’s all that matters. when asking other lawyers how they dealt with this stress, of always making sure that they had the “right” answer, i always received advice along the lines of just do your best and that’s all you can do. but for some reason, my best wasn’t good enough for me. because, what if, one day, my “best” effort didn’t yield the “right” result? This fear ate away at me for years and led to what I now call “law stomach” – a tight painful clenching in my entire stomach that strikes with no warning. fun.

the pressure i placed on myself with respect to being “right” wasn’t just about being sued; it was also about the recognition that clients deserve the best legal representation from every practicing attorney, and i always wanted to make sure that i delivered to the best of my ability on that front. if you’ve ever had to pay an attorney (i have in my personal life), then you know how important it is that your attorney gives you the right answer…otherwise, you feel frustrated and helpless and angry for paying for bad advice.

i wish that i had thought (or known) more about this aspect of “right” before going to law school. i was used to a liberal arts education, where discussion was encouraged, as was different viewpoints and creative arguments. law school is the same way (hence the abundance of liberal arts majors) – please, think about the ridiculous hypos that first years come up with in order to impress the professor with their potential legal reasoning (i can’t remember where i heard this, but i do remember a torts hypo involving a star wars force field. seriously). and yet, the second that law school ends and it’s time to study for the bar, that’s when the whole aspect of “right” really kicks in and you can say bye-bye to creativity. busy partners and senior associates don’t have the time or the inclination to listen to your opinions (remember, they’re paying you, unlike law school, where you’re paying the school) or crazy legal theories; rather, they’re focused on their own hours and their own quest to be “right.”

i wish i had known that the practice of law is far, far different than the study of law. i loved the study of law and the practice, well not so much.