I'm swamped with a deal closing this week, but to address some of the concerns in the comments on the last post:
1. Some associates do it to pad their hours. And I'm sure it's easier for them to write a memo from scratch than to worry about whatever their next assignment will be. Due diligence, perhaps? Reading the fine print on insurance contracts?
2. Partners need memos about the applicable case law because we don't want to tell our clients something that's wrong just because an associate is too stupid to get it right. I read most of the cases from Lexis that my associates cite in drafts they write. Because it's my name on the document and my reputation with the client. So maybe we don't do all the groundwork. But we need the supporting documentation so we can be sure we're not committing malpractice and screwing up the business.
3. Sometimes, even if they come from top schools and did great on the LSAT, associates are just inexperienced and stupid and don't know what they're supposed to be doing. I've gotten documents that make no sense. Drafts of memos that focus on every court in the country when we're just talking about a specific circuit. Citations to secondary source materials cited as precedent. Not necessarily maliciously bad work product but inexperienced work product signifying things that they need to be taught not to do. And if I'm harsh to them, they get the message better than if I write them a fancy note on a pretty card. It's just business.
1. Some associates do it to pad their hours. And I'm sure it's easier for them to write a memo from scratch than to worry about whatever their next assignment will be. Due diligence, perhaps? Reading the fine print on insurance contracts?
2. Partners need memos about the applicable case law because we don't want to tell our clients something that's wrong just because an associate is too stupid to get it right. I read most of the cases from Lexis that my associates cite in drafts they write. Because it's my name on the document and my reputation with the client. So maybe we don't do all the groundwork. But we need the supporting documentation so we can be sure we're not committing malpractice and screwing up the business.
3. Sometimes, even if they come from top schools and did great on the LSAT, associates are just inexperienced and stupid and don't know what they're supposed to be doing. I've gotten documents that make no sense. Drafts of memos that focus on every court in the country when we're just talking about a specific circuit. Citations to secondary source materials cited as precedent. Not necessarily maliciously bad work product but inexperienced work product signifying things that they need to be taught not to do. And if I'm harsh to them, they get the message better than if I write them a fancy note on a pretty card. It's just business.
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