Guest Chapter 4

Name: Rachel Proffitt

Current Position: Partner, Cooley LLP

Former Post-Law School Positions: Partner, Wilson, Sonsini, Goodrich & Rosati, P.C.

Legal Practice Area: Corporate Securities

Law School and Year: University of California Hastings College of the Law

Time between undergrad and law school: Time only for a road trip…

One or two books I recommend: The Entrepreneur's Guide to Business Law by Constance Bagley and Venture Deals by Brad Feld and Jason Mendelson.

Staring at a blank page with an impending deadline to share my thoughts with you offers a vivid glimpse into the life I could have led had I pursued one of my early-in-life career ambitions in journalism. Not a source of profound regret it turns out. Of course, you didn't pick up this book, nor make it to this chapter, to be talked in to or out of any particular profession—you're about to embark on a very exciting career! So, I will just preface these thoughts with the truth that corporate partner in Big Law was never on my list. Yet, here I am, nearly 20 years out of school, doing most days what I really love. How did I get here, and what are some secrets of success? Trust no one that tells you there's a perfect script, but indulge me as I share some perspectives that may be helpful as you take the leap from the classroom into the professional world.

Don't Close Doors

Before you start to question whether you should have kept your class selection broader as you rounded out your law school career, pause. I am not suggesting that if your 12-year-old self decreed that you were going to be litigator like the generations before you and you've diligently followed that path, that now you should also spend time moonlighting in transactional assignments in your new job. My point is more a frame of mind. I spent at least the first 18 months of my legal career (probably closer to 24 if I'm being honest) terrified someone was going to walk into my office and realize they'd made a huge mistake in hiring me.

But, since I was there, I committed to doing my best with what was in front of me. I worked hard, I did good work, I took constructive feedback, I developed relationships, and I grew as a lawyer. Years passed. Each review cycle seemed to suggest I was doing something right, so I kept at those somethings. I tried new projects, I worked with new partners, and I accepted opportunities to contribute to the fabric of the firm through recruiting, training, and mentoring. A few more years passed and that put partnership on the horizon. Again, not on my bucket list, and my junior associate self would have scoffed if you'd asked me about the prospect of becoming a partner, anywhere. However, what became clear to me during those late nights and skipped holidays was that I would do everything I could to position myself for that promotion, leaving it up to the firm to make its decision—I wouldn't sabotage the possibility.

This perspective set me apart from others. I worked with one associate who literally had his last day of work in “big law” circled on his calendar, years in the future. It was no surprise to anyone that he wanted to pay off his debts and then be done, and that day couldn't come fast enough. He left on that red-circled day with little more fanfare than what I think was a goodbye wave as he walked out the door. His opportunities were different than mine, as his level of investment was discounted. Another associate was gunning for partnership the moment she walked in the door, and while to some that level of drive may be endearing, for others it read as a blind spot and demonstrated an off-putting lack of self-awareness.

Simply put, I kept my mind open, so that opportunities continued to present themselves and decisions remained mine to make. Had I chosen to feebly apply myself, or taken to heart my “few years gig” sentiment, or failed to accept all I had to learn, I doubt I'd have been able to reach the gates of the partnership with any chance of passing through.

Remember, Reputations Are Sticky

Despite the fact that there may be more lawyer jokes than there are lawyers, most legal communities are quite small. Perhaps you attended a large university or opted into one of the bigger law schools, and enjoyed some degree of anonymity. In this industry, your reputation will follow you, forever, so do not underestimate the impression you can leave with someone no matter how brief the interaction. I still remember the first person to stick his head into my office on my first day of work, welcoming me to the firm, saying he was excited to work together. He was a mentor of mine for many years. I also remember the first person to bring me to tears in this job, fortunately an infrequent occurrence. She wasn't nice, she didn't respectfully interact with her associates, and she never seemed happy—with anything. I remember the day she left the firm, and the relief I felt to never have to cross paths with her again. Yes, I am certain I could still pick her out of crowd. Lastly, I remember being mentored by someone on the other side of the table in a transaction. I was a young lawyer, he may have only been a couple years ahead of me, but instead of taking advantage of our knowledge differential, he chose to help me learn. He would ask if, in fact, that was the approach my client wanted to take, when perhaps another alternative was available.

I'll talk more about this below, but this is probably one of the most critical pieces of the success puzzle in my mind—figuring out who you want to be in this career. Everyone will have their own style, their own approach—some will elect to be obstinate because they want this job to have some fight in it no matter what, some will elect to be collegial and collaborative because that feels like a more natural and sustainable way to practice, some will feel uncomfortable in the gray that lives between the black and white of law school and cling to rules for safety and may struggle to provide practical advice, and the list could go on for pages. What has consistently proven true for me is that having a reputation for doing right by my clients and those around me, my colleagues and those on the opposite side of a transaction, and for being human—owning mistakes, being kind—has never led me astray. Yes, this leaves it up to those interacting with me to rise to the occasion, but, if they don't, that's on them, and I can rest comfortably knowing I've done my best and haven't been pulled in a direction that doesn't resonate with me. Regardless of who you chose to be, just know it's a choice that is difficult to unmake, which makes early impressions, early interactions in your career, incredibly important. I think sometimes folks lose sight of the fact that all of it matters—the interactions with your colleagues, even in your first few weeks, the way you treat your assistant when no one else is around, the tone you take with opposing counsel—all of it makes a mark. I tend to find that inconsistency of approach through the various interactions doesn't end well, as some part of it isn't real.

Listen, a Lot

There's a balance to be struck here, as I don't want to send you into your new profession on mute. You just finished years of schooling and practical applications of your lessons, and I'm sure you're eager to deploy them. Hoping this isn't the first time you've heard this, law school doesn't prepare you to actually practice law. Practicing prepares you to practice law. At its core, most of this profession is still very much an apprentice model. You learn by seeing and then doing, and of course some good old fashion substantive training sprinkled in doesn't hurt, but that alone will not be enough. I can usually spot the new lawyers that ultimately will need some recalibration. They come in fearless, confident that they have answers to everything, and often a better way than what is described to them. While this persona may work in some settings, before deploying, please consider that it may not. There is something very endearing, and often self-fulfilling, about the associate who comes in eager to be trained, aware of what they don't know, who is both happy to contribute and also knows when to learn from those around them. That is not an instruction to cast off your sense of self, nor to refuse to share your opinions, but it is a reminder that every single person in the building you're about to walk into has been there longer.

Having said all of that, let's take a quick page out of my lessons-learned playbook. Back to my first couple years as an associate, I was terrified. Apparently, that state of being didn't lend itself well to certain first impressions, at all. I certainly knew what I didn't know, but frankly that felt like every single thing, so I resorted to listening—nearly exclusively. Were you to meet me now that may feel like a tall tale, but it's the truth. Fortunately for me, I both outgrew that, and had some very forgiving mentors along the way. Naturally, one of my dearest friends today was one of the folks that I must have found most intimidating. Countless meetings we sat in where I probably should have said more, or anything, really. I kept my contributions to a minimum, and primarily relied on others to fill the space. Over the years, as we continued to work together, and I gradually found my voice, he finally admitted to me his first impressions—no sugar coating—he was convinced I was just aloof! Aloof! I'm not sure someone could have found a more insulting word, but I share this so you have that perspective. I literally was anything but that. I cared about my job, and was intently focused on doing well. But people obviously had their own read on me, and at least one person thought I was very uninterested in what we were doing.

So, when you join your new team, be mindful of how you present, and even if you utter only enough words to ask some questions, engage. There's apparently too much to be misread into silence. And to not lose sight of the message, whether you trend to the “don't know when to stop talking” camp, or are a “happy audience member,” make sure you're actively listening. There is something to be learned from everyone. Maybe it's the person you most want to be like, but maybe also it's the person you very much do not want to become—there is value in absorbing it all.

Be Authentic

I don't have a degree in psychology, although some days I may feel I need it, but that doesn't stop me from offering this word of advice in most parts of my life. Life is just too short to playact your way through it. So, notwithstanding these perspectives I just shared, I'm going to leave you with one parting thought—be yourself. This means you need to invest time getting to know who you are at your core, what makes you happy, what drives you to succeed, what makes your days feel rewarding when you close your eyes at night, and what gets you jumping out of bed in the morning. It's okay if you don't have succinct answers to that today, but if I could focus you on one thing, it would be that—get to know yourself no matter how long that takes and be true to that self. For me, it's been a journey, one that I am still on, but with each revelation, I try to finetune my path. As my late father said to me, the thing about yourself is that you can run all you want, but when you get to where you're going, you're still there. Nothing has proven truer. The more I can bring of myself into my daily existence, the happier I am. To be quite direct, if you get fired from this first job of yours for being you, trust me, it will ultimately be the best thing that happens to you. When we show up as ourselves, are appreciated for doing just that, and thrive not despite, but because of, who we are, there is nothing more gratifying. The best part of course is that it takes no effort, no memory of trained traits, to be you; you just need to allow yourself to present honestly, authentically, with those around you, and ultimately nothing will help you succeed more than that.