Guest Chapter 1

Name: Lynne Davis

Current Position: President of IMC, Inc., a law firm focused exclusively on employment law and specializing in independent investigations and mediations of employment claims and counseling companies and executives

Former Post-Law School Positions: I formerly worked as a partner at Employment Matters Counseling & Consulting, counsel at O'Melveny & Myers LLP and an associate at Cooley LLP

Legal Practice Area: Employment Law

Law School and Graduation Year: University of Michigan Law School, 1998

Time between undergraduate and law school: 1 year (paralegal)

One or two books I recommend: Two books I recommend are by the same author, Laura Vanderkam: I Know How She Does It and 168 Hours: You Have More Time Than You Think.

Short background on why I went to law school

My interest in law really grew out of my college major, Political Science, and the Women's Studies courses I took as an undergraduate. The human element of discrimination and harassment at a place of work based merely on personal characteristics—a person's skin color or their gender—incensed me. I wanted to fight the good fight.

What frustrated me most about coming out of law school and/or what frustrates me with regards to people I work with or hire who are newly out of law school

The most frustrating part for me coming out of law school was that I knew absolutely nothing about being a lawyer from a practical standpoint. I recall a mid-level Associate telling me during my first year out of law school that, when she was a first-year lawyer, a Partner told her to file a document, and she filed the document in the client file. The Partner, however, meant to file the document in court before a deadline. That about sums it up for me.

In terms of what frustrates me with junior lawyers, it is really about accountability. Accountability to different people and on multiple fronts. Accountability to your biggest client as a junior lawyer—the Partner you are working under on a particular project—is being there when you need to be there, early and ready to work. Accountability is also attention to detail. When you hand something in for review, it should be thoroughly vetted. If someone hands something in to me that was not carefully reviewed, I wonder what else that person may be missing.

How have you used (or not) the core concepts of lawyering as this book proposes: Empathy, Listening First, Asking Questioning, and Giving Advice?

I use the core concepts of empathy, listening first, asking questions, and giving advice on every matter. Employment law is very personal, and it is imperative that I am empathetic. For much of my practice, I am in the role of a neutral, either as an independent investigator of employment claims or mediator of disputes, and I deal with sensitive subject matter, ranging from bullying to race discrimination to sexual assault on college campuses. I must be empathetic, and I must listen first in order to do my job effectively. It starts with a story, and regardless of whether that story can ultimately be corroborated or not, I need to approach each matter with empathy and an open mind.

Listening first has helped me to read a situation and adapt my approach accordingly. I need to meet people where they are, and employees who come in to meet with me run the gamut from incensed to tearfully devastated. I like to hear the uncut version of the story, and then I like to ask questions afterward. I need to understand the facts and I am often asking questions designed to obtain the factual basis for claims so that I can piece the puzzle together.

Advice for my counseling and executive clients is MY role as their attorney.

As a neutral, I am not providing “advice” in the traditional sense, but I do need to provide factual conclusions. I need to make tough decisions on credibility and review the totality of the evidence to determine whether the weight of the evidence indicates that something did or did not occur. I cannot wiggle out of making a determination or I am simply of no value to my clients.

Biggest mistake(s) you made while in law school

Not asking for clarification. My Contracts professor taught the subject backward. I was a Political Science major and had never heard of “offer” and “acceptance.” I was lost. It was not until I bought one of those study guide books that acceptance made sense AFTER I figured out what constituted an offer. I should have asked for help (and I should have learned about those study guide books earlier!). I now deal in contracts a fair amount, so it is important to understand the basics.

What class(es) did you wish you had taken while in law school? In or outside the school? What about today?

I wish I had sought out some practical business classes. My focus was employment law and litigation, which has served me well, but at the end of the day, my clients are businesses and business acumen helps. I did not need to get into the weeds, but I am sure there were some beneficial classes I could have taken at the business school. I did take a class in the graduate program in English on my favorite author, Toni Morrison, which was a wonderful experience. I highly recommend taking advantage of what a university has to offer outside of the law school.

Most useful classes in law school

The most useful classes were those that were tied to employment law and those that were taught by inspiring professors. The subject matter itself was important to my knowledge base and inspiring Professors truly do make a class impactful.

How did you decide what to do post-law school? With hindsight, how good of a job did you do?

Silicon Valley was hot when I graduated from law school. It was, and is, innovative, business-minded, and filled with the smartest people around. I wanted a big law firm in that environment, and that is where I went. I am so grateful I did. The employment group at my firm in Silicon Valley was much different than employment groups at other firms around the country. We specialized in solving issues hand-in-hand with business attorneys and companies. We were not nearly as focused on motions and court hearings as similar departments in other locations, though we did those as well, than we were focused on solving issues from a pragmatic point of view. That mindset fits well in my current practice and area of expertise.

Biggest mistake you made at your first job

The biggest mistake I made at my first job is really the same as the biggest mistake I made in law school—not asking for clarification. Reflecting back now, I think I was intimidated by the superiorly talented people I worked with and the impressive caliber of clients we worked for, and I was afraid people would start to think that I was not as smart as they thought when they hired me.

Best advice you received or have given for those coming out of law school

The best advice I received was as a paralegal, and that was to keep my clients updated and in the loop. The Partner who gave me that advice reminded me that the client will not know what I had done to move things forward on their matter without telling them, and he told me to inform the client as to status before they feel the need to ask. It was a reminder that at the end of the day, we are in a client-driven business.

One of the most important things I learned in my early years as a lawyer was something I observed. The head of my employment group at my first law firm has an important and big job, and many of his days were going from call to call to call with clients on vastly different matters. I watched him give his full time and attention to each call he was on. He could have easily been distracted on a call, thinking about a call he just had or a matter he needed to discuss on a call later in the day. But he wasn't. He was present, “on,” and brilliant in each call with each client. To me, it was a lesson on being present and engaged exactly where you are and learning how to compartmentalize in the face of a daunting schedule and responsibilities.

Worst advice you received or have given for those coming out of law school

I think a big pitfall for junior lawyers is advice regarding the number of billable hours they should reach each year. Do not get me wrong, it is an important metric for law firms, but I think there is a tendency to stockpile hours. As a junior lawyer, I was not privy to the ramifications of over-billing a client. As a firm owner, I am. Clients do not like to work with law firms that charge too much time to get things done, and while Partners are willing to write off time for junior lawyers who are learning, they are seasoned professionals who know about how much time things should take even for junior lawyers.

How have you remained happy in your profession? Have there been times when you were not? If so, what did you do to improve your situation?

Flexibility has helped me remain happy as a lawyer. I put in my time, learning from the best and working long hours. I ordered many dinners at the office and worked lots of weekends. The experience I gained, though, gave me flexibility down the road to start my own law practice and to work with clients and on matters of my choice. I did not love to litigate and I was able to leave big firm life, stay within my area of expertise, and find a niche in non-litigation matters. I am not entrepreneurial AT ALL, so this was a big leap, and one I have never regretted. I tell everyone that I will never truly retire. The business is mine, and I have a choice as to what matters I take on and when.

If you could go back in time and tell your younger self something about making the transition from law school to the real world, what would it be?

I would tell my younger self to soak it all in—the positive and the negative—and see beyond where you are currently. I worked for two large firms and there were a lot of expectations. One of the Partners I worked with left letters on my chair that I had already sent out to the client or opposing counsel, which he knew, completely marked up with red pen. Finding those mark-ups on my chair some mornings was not easy, but I can write a hell of a letter now. Give yourself a break and take all you can out of your experience and make a true decision about your future in the law—what you want it to be—once you have that experience under your belt.