Test Journal article

By Hon. Heather Z. Cooper

“It isn’t what we say or think that defines us, but what we do.”

— Jane Austen, Sense and Sensibility

I appreciate that many within the insolvency community aspire to assist professionals who are relatively new to our community. Established professionals generally offer to contribute to programs designed for young professionals.

Through ABI’s Emerging Leaders program, I have also met many young professionals (young in experience, not necessarily in age). They come from various backgrounds, and practice in so-called “Big Law” or major accounting firms or are sole practitioners. They live in both urban and rural areas from different paths, backgrounds and life experiences. They are eager to learn from those of us with more experience.

Unfortunately, many of the programs designed and hosted specifically for young professionals involve advice or practice tips that can come across as “preachy” at times and may inevitably devolve into war stories from years ago that hardly seem relevant today. Rather than telling young professionals how to grow and develop, let’s take the time to invest in their growth and development. After all, what you do defines your legacy more than what you say.

Take a moment and travel back in time with me. Remember when you began your first professional job after completing school? For some of us, this may require a little more concentration as we dust off the cobwebs from our brains. While we would all like to think that we were superstars from the start, we had a lot to learn. We generally knew the law, or where to find it, but knew little to nothing about the actual practice of law, how the obligations of professionalism would impact our practice, how to deal with clients and how to establish work/life balance, all while trying “to serve the public and the profession,” as we had been taught.

Unfortunately, how to maneuver the day-to-day was not innate; rather, we learned it over time. We sat in the back of a courtroom or conference room watching established professionals at work. Maybe you were lucky enough to have a senior professional take you under their wing and guide you. At any rate, I suspect that you did not receive your most meaningful lessons from a panel providing advice, practice tips or war stories.

Now, spring forward to today. In the age of remote hearings and client meetings, the ability to sit in the back of a courtroom or conference room has diminished.

During a young professional roundtable not too long ago, the participants moved from table to table to visit with various judges throughout the country and ask whatever questions were top of their mind. I was a bit surprised to be asked questions I would expect a three-to-five-year associate to know, or at least to have explored with attorneys in their respective firms. “How do I know where to sit in the courtroom?” “How do I know who is expected to speak first during a hearing?”

The opportunity to observe court hearings has been severely limited by remote participation, so observation was not an option. However, these questions had not been asked of senior associates or partners in their firm mainly because the younger professionals were afraid that the questions were too basic. No question is too basic; I remember having these same questions, and you might, too.

 

The torch has been passed, and it is now up to each of us to guide the next generation of superstars. As the now-senior professionals, how do we most effectively do that? According to some of the young lawyers I have spoken with, guiding and mentoring are much more effective than preaching tips and advice, or sharing war stories. What is the difference, you ask? Based on my conversations, I might sum it up in one word: “investment” — investment in the person by giving some of your time and attention, and being mindful of skill development.

Many firms place their associates into official mentoring programs. However, these programs are not always successful for various reasons. Most meaningful mentorship relationships begin organically one-on-one, and among individuals who have something in common and can establish a rapport with one another. This column does not focus on the creation of a mentoring plan or setting objectives,1 which certainly have their place; rather, it focuses on anecdotes provided by a group of young lawyers on informal mentoring relationships. These observations on creating informal mentoring relationships might seem rather straightforward. Perhaps, upon reflection of your own experiences when you were starting out, you can appreciate the little things you can do to curate an organic and meaningful mentoring relationship. So, here it goes.

Be Real

You were once new. You did not always know where to sit in the courtroom. You have been there and have lived to tell the tale. A mentoring relationship need not be formal; be casual and be yourself. Be open in your communication. Share your experiences. Be curious about the younger professional sitting in your office. Ask open-ended questions. Explore what challenges, questions and goals they have. Invite them to sit in on hearings and meetings when possible — even if they are remote.

Be Engaged

Practice active listening. When working with a younger professional, take the time to appreciate and understand any questions or concerns. Do not multitask. If sitting in your office, do not read through your email or answer your phone. If you need to leave your office to be free of distractions, then walk to the coffee machine together, duck into a conference room for an uninterrupted conversation or take a brief walk.

Even if meeting remotely, dedicate your full attention. Once you appreciate and understand any questions or concerns, challenge and guide. Do not preach, do not berate, and do not anticipate that they “should have known” anything. Not all skills associated with a successful practice are intuitive, and it does no good to assume they are.

Be Open

Some days you might not have the time to thoroughly talk through an issue. If the issue cannot be distilled quickly and efficiently, offer an alternative time or talk through it in stages. Be flexible. Tailor support in a way that works for both of you, and be open to ideas. Think outside the box. Get to know the younger professional so that you can understand whether they are a morning or late-night person, or they learn differently than you. Appreciate that there might be some generational differences. Perhaps they approach technology differently and they can teach you something, too.

If your time is occupied or there is something that you are not too sure about, offer to provide alternative sources or other people to contact. Be available or help connect them with someone else who has specialized knowledge or who might be available when you are not.

Be Respectful

Demonstrate mutual respect. Young professionals know that your time is valuable. Demonstrate that you understand that their time is, too. Chances are, they are working with multiple people on multiple projects simultaneously. Be accountable. If you suggest an alternative time to talk through an issue, be true to your suggestion. In turn, also hold the younger professional accountable.

Conclusion

While none of these actions by themselves should be considered groundbreaking, the anecdotes of some young professionals seem to indicate that they are lacking in their experiences with informal mentoring relationships. By doing these little acts, you demonstrate and create the investment in a young professional and their future that will make a meaningful difference. This investment does not constitute a heavy lift on your end and will mean more than presenting practice tips. After all, what you do defines your legacy more than what you say.

Hon. Heather Cooper is Chief Judge of the U.S. Bankruptcy Court for the District of Vermont, appointed on March 14, 2022. She is a member of the Texas, Massachusetts and Vermont Bar Associations, and the Federal Bar Council, National Conference of Bankruptcy Judges and National Association of Bankruptcy Trustees, as well as the Human Resources Advisory Council of the Administrative Office of the U.S. Courts and various Second Circuit committees.