Washington Lawyer - January/February 2022 - 35

THE LEARNING CURVE
No, We Don't Always
Have Quick Answers
By Josephine Bahn
A
tticus Finch was the
reason I first decided to
become an attorney. He
embodied what it means
to be a lawyer - honest and fair,
possessing high moral standards,
a man of integrity, a lawyer who
believed everyone deserved
access to justice.
In reading To Kill a Mockingbird as a sophomore
in high school, I noted that while Atticus did
not always have the answers, he was willing to
find them. This is the kind of competence that
young lawyers should strive for during their
first few years of practice.
I've come to realize that each phase in an attorney's
career has a defining focus. The first two
years are spent drinking from the proverbial fire
hose, the next four on honing their practice,
and the following three years on setting the
stage to make partner or move into a management
role. A decade in practice later, and it's
about putting it all together.
For many new attorneys the first two years
of practice are incredibly challenging and
wrought with feelings of imposter syndrome,
ineptitude, and doubt that maybe law school
was not the best choice. This constant feeling
of anxiety and self-doubt can leave some attorneys
over-promising and under-delivering - a
classic way to make a boss distrust one's work
product. Taking a page from Atticus's book,
young lawyers should spend time strategizing
ways to be effective and convincing even
when they may not have the answer.
A lawyer is a counselor by trade who can but
does not have to specialize in one area of law.
Lawyers learn their practice area or specialty
over time, although it may seem like everyone
who graduates law school is immediately an
expert in their chosen area of law. The practice
of law is a long arc that takes many years to
refine and grow into.
The first time a client asked me to green light
an action letter, it happened very quickly. I am
a people pleaser who doesn't want to be
known as the reason the process stalled, so
I almost shouted yes. It was the first real case
I was assigned to lead, a straightforward and
routine matter, but there was a big holdup on
process. Unsure of what the process was
supposed to look like and if protocols were
being overlooked, I asked for more time for
internal discussions and to consider outcomes
if we pushed ahead. It was hard to swallow my
pride and tell the client that I just was not sure
if we could do it. I felt like I was letting the team
down by not having all the answers.
However, regardless of how many years we've
been in practice, we don't always have the
answers. Novel issues within the law come up
in my practice consistently, so I wouldn't be
honest or competent if I said yes to my clients
every time they asked for it. New lawyers will
be considered thoughtful and reputable if they
spend the extra time not only honing their
craft but also explaining to the client why they
need to take a pause.
Lawyers who say yes immediately because
they think their clients are not sophisticated
enough to wait are the ones with greater
issues. Take the time you need to tackle the
hard questions - yellow lights are just fine. We
are successful when our clients put their faith
and trust in us, and we lose when we fail to
see them as unwilling to wait to get the best
answer.
In trying to prove ourselves in the early years of
our practice, we may struggle between delivdcbar.org/for-lawyers/communities/podcasts
ering
immediately on what the client
asks for and taking a step back to research a
question, think about potential fallout from our
advice, or even ask a colleague for input. In
moments like this, we must walk around in
Atticus's shoes and realize that saying " let
me look into that for you " is better than
giving an answer that lacks fact and reasoning
behind it.
Josephine (Jo) Bahn is a senior attorney in
enforcement at the Federal Deposit Insurance
Corporation. Bahn also serves as the D.C. Bar
Under 36 Delegate to the ABA House of Delegates
and is the chair-elect of the ABA Young Lawyers
Division.
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Washington Lawyer - January/February 2022

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