The road less traveled: you've survived the Socratic method, learned to `think like a lawyer,' passed the bar exam, and scored a few pieces of parchment for the wall. Now what? Three lawyers who have been there, done that, share their strategies for success.

Law schools are notorious for churning out graduates who can tell you the difference between replevin and res judicata but know precious little about applying those legal principles to real-world cases. But ready or not, every recent grad has to make a decision about what to do next.

Some intrepid new lawyers decide to hang out the proverbial shingle, taking their lumps along the way but reaping the rewards of a successful solo practice when things go well. Other grads seek the relative security of large firms, hoping to follow the path to partnership paved by thousands of associates who have gone before. Another less-well-known career choice--joining a small, established practice--can offer the best of both worlds, say three trial lawyers who work in different areas of the country but have found success and satisfaction in small-office plaintiff firms.

"By joining an existing firm, you can build a law practice on the foundation laid by others, "said Jeff Padwa, who practices in Providence, Rhode Island, and chairs ATLA's New Lawyers Division. He and fellow division members Melissa Smith, who practices in Marshall, Texas, and Ken Spiegelman, who is with a Miami firm, recently spoke with TRIAL Senior Editor Jean Hellwege about how they made the leap from law school to law practice.

For the record, where did each of you go to law school, and when did you graduate?

Jeff Padwa: I went to Suffolk University Law School in Boston, and I graduated in 1992.

Ken Spiegelman: I'm a 1991 graduate of the University of Florida College of Law in Gainesville.

Melissa Smith: I went to Baylor Law School in Waco, Texas, and I graduated in 1997.

When did you first deride you wanted to be a trial lawyer, and what influenced you in making that decision?

Ken: When I was in law school, being a plaintiff trial lawyer was probably the furthest thing from my mind. My original intent was to practice criminal defense, but I had an opportunity during my second summer of law school to clerk for a firm that did a considerable amount of insurance defense work and also some plaintiff work. While there, I was lucky enough to work with somebody who was a great trial lawyer, and he exposed me to the plaintiff side of things. I went to work for that firm for a couple of years after law school and started to realize then that I was better suited to doing plaintiff trial work than defense work.

Why?

Ken: I found the work a lot more rewarding and intriguing.

Melissa: I clerked for defense firms in law school, because those jobs are so plentiful, and I didn't really have a good idea of what else was out there. But after graduating, I took a shot at the plaintiff bar and I loved it. I would never go back to a situation where I wasn't working with the types of clients that I'm working with now. Working in the typical defense all-lawyer environment--where I was working with lawyers only, either those in my firm or the corporate counsel of my clients--wasn't nearly as fulfilling as working for the everyday folks who are my clients now.

Jeff: After college, I went to work as a stockbroker for a few years. So when I went to law school, I thought I was going to do business or securities law. When I came out of law school, jobs were pretty tough to come by, and I was fortunate to get a job with a small firm in Boston that did general litigation.

Then I joined the Massachusetts Academy of Trial Attorneys and went to their annual meeting. I was blown away by the presentations, particularly the one given by [former ATLA President] Mark Mandell. The presentations were incredibly professional, instructive, and intellectually stimulating. So I left the firm I was with and went with a plaintiff firm. Not long after that, I joined Mark's firm, where I am now.

Did any of you consider simply hanging out a shingle right after graduating and flying solo?

Ken: Well, there was the matter of student loan repayments ...

All: [Laughter.]

Ken: There's a little more security in going with a firm. I've got some friends who have gone out on their own right after law school and have done well, but I found that going with an established firm--especially the one I work for, because it gives me so much autonomy--shortened my learning curve.

What about the fear factor? Did starting out with other lawyers in an established firm help you overcome the typical first-year jitters, or did you find it intimidating to work with seasoned attorneys who might be looking over your shoulder and noting your mistakes?

Jeff: I would say both. It is intimidating, for example, when you're taking a deposition that produces a transcript, which is an important piece of discovery, one you know will be read and relied on later. But I've never experienced--not once--feedback that was hurtful or degrading. I learned quickly that the best way to deal with fear is by being thoroughly prepared, and working with other, more seasoned lawyers certainly helps with that.

Do the attorneys in your firms consciously act as mentors?

Melissa: I work in a small firm--there are only five attorneys. With a firm that size, there are huge demands on each attorney and few resources, which means less opportunity for real training or any kind of structured mentoring.

But on the plus side, when I came in, I had direct, daily contact with the founders and partners of the firm. I learned by looking and listening, by studying their actions. They weren't necessarily mentors, but I nevertheless learned the secrets of success at the firm.

On the down side, when you get a complicated case, like an intellectual property case, it takes everyone in the firm to work on it. Mentoring in a small firm is sometimes the furthest thing from the lawyers' minds. So you just have to learn to try to keep up, watch, and listen.

Ken: I was tremendously lucky at the first firm I worked for because all the lawyers were wonderful mentors. The partners were fantastic in terms of giving me some general guidance and then letting me go and do things with the understanding that there would be a critique at the end. The reinforcement that I got from them was always positive. For example, after a deposition they might say, "OK, you did really well by touching on these issues. The next time you take a deposition, you want to follow up on these things."

Like Melissa, I'm now in a very small firm. There are four of us, so there is less opportunity for mentoring. But I think when you've been in practice for 10 or more years, like all the lawyers in my firm, you're expected to convert to being a mentor for younger lawyers.

Jeff: I'm in a very small firm now, too--five attorneys. I think that mentoring has less to do with a firm's size than its makeup. The mentoring I've received has not been in formal situations, like sit-down talks. It's more like Melissa's--watching and working along with experienced lawyers who have dealt with many situations. We work as a team on most of our cases. I agree with Ken also that after about 10 years you start to change from needing a mentor to being a mentor. But I think you can be a mentor and also have a mentor. You never stop learning.

A buzzword we hear a lot in the workplace these days is "balance." Would you say you're happy with the balance you have achieved between work and interests you have outside the office? And how has working for a small firm affected that balance?

Ken: I really enjoy the balance in my life right now. I work very hard, putting in a lot of hours every week ...

How many hours do you work each week?

Ken: [Laughing.] Oh, man, this is going to be in print, isn't it? I'd be lying if ! didn't say that some weeks were just 40-hour weeks. But if I'm in trial, you can double that. It's variable.

But I try to strike a balance by finding time to do things just for my wife and my kids and my synagogue. And I try to find time for myself, too. I think if you don't take time for yourself, in the end you aren't doing a service to your clients. You can burn out. I have some friends who have burned out and aren't practicing law anymore. And that's unfortunate, because a lot of them are really brilliant people.

Jeff: I also think that I have. a great balance. Our firm places a strong emphasis on quality of life. It's about putting out high-quality work and representing clients well, but it's also about having a satisfying life outside the office. We work hard, and we work long hours when we have depositions or trials. When we don't have those pressures, the hours are more manageable.

I never forget the reasons I'm doing this. In addition to helping my clients, it's to provide for my family and enjoy life with them.

Melissa: I'm still learning to say "no." I'm newer at this than Jeff and Ken. As the youngest and newest associate in my firm, I'm constantly saying "yes" to commitments that I really shouldn't. So sometimes that idea of balance is thrown off. But I'm learning. At least I recognize that I need to work on this. It's just so easy to want to please every partner when you first get in there.

I'm also married to a trial lawyer, and we talk about our work a lot at home. I don't think that's necessarily a bad thing. We enjoy our profession so much and find the work so fascinating that I actually enjoy hearing about his practice and his clients. I'm probably over that 40-hour week, but I'm working on it.

How about working with judges? How has joining an established firm helped or hurt your relationship with judges?

Jeff: When you work with a firm, you become associated with that firm's reputation. That reputation precedes you into court. When you come before the bench and introduce yourself and state the firm you are associated with, that makes a first impression with the judge. It helps if it's a good one.

Melissa: When I first got out of law school, I thought that practicing law was just about being the best lawyer you could be, but I quickly realized that rainmaking was an important part of a plaintiff lawyer's practice. This can be challenging at first for a young lawyer who is often new not only to the practice but also to the geographic area. One of the best moves to make early on is to take a day and head over to the courthouse and introduce yourself to some of the judges. Once they get to know you, it is possible to begin obtaining ad litem and other appointments.

Then when you start appearing in court for personal injury cases, the judges already know you. The judges will also throw out a pro bono case now and then, and I've found that taking those and doing a good job with them can take you far with a judge, even if it is not lucrative at first.

Ken: I come from a much larger jurisdiction than Melissa's or Jeff's; nevertheless, some rules apply across the board. For example, it takes a long time to build a good reputation with a judge, and you can ruin that reputation in an instant if you don't stand behind your word or if you don't behave ethically and with the proper decorum.

Early on in my career, a partner in the first firm I worked with said to me, "I don't mind if you lose a case. I don't mind if you lose a hearing. But I don't ever want to get a phone call from another attorney telling me what a jerk you were at a hearing, deposition, or trial. If you behave like a gentleman, like a lawyer is supposed to behave, then your reputation with the opposing bar and the bench will be excellent."

I've found that's true, and it can help your clients enormously. For example, if you need something from the court--like a continuance at the last minute--and the court knows that you are the type of lawyer who will ethically and honorably represent the client, you have a better chance of getting what you're asking for.

If you could give only one piece of advice to the latest crop of 3Ls, what would it be?

Melissa: I was fairly confident when I first graduated because I had done well in law school, but after about two days on the job, I had this overwhelming feeling that I was inadequate and knew absolutely nothing. One thing that helped me through those early days was realizing that there is always something that a new lawyer can bring to a firm. In my case, it had been a long time since the other lawyers in the firm had been in law school, and I soon realized that one thing I could offer was my understanding of the latest technology for the law office. When I arrived, they didn't know what e-mail was, and now, six years later, they can't leave their office without their BlackBerries. That's just one example. While new lawyers often feel as if they can do little more than learn from experienced lawyers in the firm, every new lawyer has something to offer the firm that can make him or her an instant asset and can provide a much needed boost in confidence.

Jeff: I would tell new lawyers to set some goals, work toward those goals, stop periodically and evaluate where you are, and make adjustments. And keep doing that, again and again.

Ken: Show initiative. Like what Melissa was saying about bringing something new to the firm, don't wait for the work to be given to you. Go and get it. This helps build others' confidence in you, and it helps develop good work habits.

Where do you see yourself 5 to 10 years from now?

Jeff: I see myself doing very much the same things I'm doing today: representing plaintiffs here in Rhode Island with the firm I'm with. I think 5 to 10 years from now, I'll be able to generate more cases for the firm than I do now. Essentially, doing the same things, but with more skill and experience.

Ken: I'd like to think I'll still be working with the same partner I am now. We have a wonderful professional relationship, and I enjoy working with the firm I'm with. I continue to hope for the growth of the firm, and, like Jeff said, I would hope that my skills and competence would continue to advance.

Melissa: My goal is to be at the same firm I am now. I'm very happy there. And, going back to an earlier question, I'd like to strike a better balance between the practice and my personal life--like Ken and Jeff have already done. I also hope to become more active in ATLA and in my state trial lawyer association. It's hard to find the time for that when you're first starting out, but there are opportunities for all of us to be more involved.