Friday, February 26, 2010

Superwomen JDs and What You Can Learn From Them: Featuring Tanya Jachimiak

Tanya L. Jachimiak received her Juris Doctor in 1998 from DePaul University
College of Law. She practiced employment law, including class action
litigation, for over ten years. Tanya left the private sector for the
public, currently holding the position of Associate Director of the Office
for Access and Equity, University of Illinois at Chicago.

1. How has being a woman affected your career or legal education?
Because it is such a male dominated field, I often find myself trying harder and doing more to outperform my male counterparts. On many occasions, male firm partners have excluded me from outings with my male peers (e.g., golfing events, basketball).

2. What advice do you wish someone had given you when you first started practicing law?
Understand and follow the Doctrine of Completed Staff Work (http://www.dolan-heitlinger.com/Quote/StafWork.htm) . Also, I would have benefited greatly from advice on how to navigate the often conflicting demands of multiple partners. It took some time to figure out that when accepting an assignment, I needed to be very clear about when I would be able to complete the new assignment in light of a deadline set by another partner. Just saying “yes” doesn’t work in the long run. Quality is more important than quantity.

3. What do you think the legal profession can do to increase the number of senior level females?
Current senior level females should reach out to younger associates more frequently and be willing to mentor female associates. In my experience, senior level females did not reach out to junior level female attorneys. Until I became involved with NAWL, I knew very few senior level females who were willing to mentor and show junior level females the ropes, so to speak.

4. Being a first year attorney anywhere is tough. How do you think young attorneys can really hone their skills in their first few years?
Read current case law everyday for substance, writing style, legal procedures, etc… Avoid reading summaries, which are of very little use. And always follow the Doctrine of Completed Staff Work.

5. Our profession is male dominated. How can young women balance being feminine and professional at the same time? I meet many women that simply act like one of the boys; I do not think that is the solution. Do you have any advice for handling social situations, outings with clients, etc.?
If you find the answer to this, I would love to know! What I have learned, however, is the importance of being myself regardless of societal perceptions.

6. There is a perception that senior female attorneys think that they had it tough and so should you. Do you think that this sentiment is true? If so, do you think there is value in figuring things out on your own like women before you had to?
I don’t know if this sentiment is true. It’s unclear to me as to why senior female attorneys appear unavailable. That said, I don’t think there is value in figuring things out on your own if you don’t have to. Seek out mentors, whether male or female.

7. What advice do you have for young female attorneys looking for a mentor? Do you feel that there is added value in finding a female mentor? What should they be looking for in a mentor, and what can they do to make themselves someone you would want to mentor?
Prior to working for my current boss, I never had a female mentor. I have done work for senior female attorneys but have not considered any of them to be my mentor. Because of this, I don’t know if there is added value in finding a female mentor. My mentors have been the attorneys I most respect and most want to be like.

8. We all have to make sacrifices for our careers, what sacrifices have you made and which would you make again?
At times, I sacrificed my relationship with my partner. At other times, I sacrificed my well-being. I can’t even count the number of vacations I have cancelled (or had to come home from). I will not make such sacrifices again. Life is short.

9. What is your favorite thing about being a lawyer? I am sure you have a moment of achievement that made the sacrifices seem worth it. Can you tell us about a highlight in your career?
My favorite thing about being a lawyer is analyzing problems and then solving them.

10. What are your interests/hobbies outside of the legal practice? How important do you think those interests/hobbies have been in maintaining some work life balance?
I am an avid cyclist. Earlier in my career, I studied the martial arts. Both cycling and the martial arts have been important in maintaining some work life balance. I have come up with my best legal arguments while riding down to my office.

11. If you could go back, what would you have done differently in how you approached your legal education and career?
If I could go back, I would not change my legal education but I would change the approach to my career. I would be less focused on “making it” in a large firm and always looking for better opportunities.

Thursday, February 18, 2010

Doctrine of Completed Staff Work- Good Advice for Young Lawyers

In my soon to be posted interview, my interviewee Tanya Jachimiak, Associate Director of the Office for Access and Equity at the University of Illinois, mentioned the Doctrine of Completed Staff Work. I had never heard of it. The Doctrine has been used in military training and is considered a critical managerial tool across many industries. The gist- do all of the thinking, delving, researching, etc. before you go to the boss. It also states that you should propose solutions not questions. This Doctrine, described more fully below (courtesy of http://bit.ly/9N67vc and managementhouse.com), is a great piece of advice for young lawyers. Yet another reason to think of the business of law as just that, a business.

THE DOCTRINE OF “COMPLETED STAFF WORK”

‘Completed Staff Work’ is the study of a problem, and presentation of a solution, by a staff officer, in such form that all that remains to be done on the part of the head of the staff division, or the commander, is to indicate his approval or disapproval of the completed action. The words ‘completed action’ are emphasized because the more difficult the problem is, the more the tendency is to present the problem to the chief in piecemeal fashion. It is your duty as a staff officer to work out the details. You should not consult your chief in the determination of those details, no matter how perplexing they may be. You may and should consult other staff officers. The product whether it involves the pronouncement of a new policy or affects an established one, should, when presented to the chief for approval or disapproval, be worked out in finished form.

The impulse which often comes to the inexperienced staff officer to ask the chief what to do, recurs more often when the problem is difficult. It is accompanied by a feeling of mental frustration. It is so easy to ask the chief what to do, and it appears so easy for him to answer. Resist the impulse. You will succumb to it only if you do not know your job. It is your job to advise your chief what he ought to do, not to ask him what you ought to do. He needs answers, not questions. Your job is to study, write, restudy and rewrite until you have evolved a single proposed action…the best one of all you have considered. Your chief merely approves or disapproves.

Do not worry your chief with long explanations and memoranda. Writing a memorandum to your chief does not constitute completed staff work, but writing a memorandum for your chief to send to someone else does. Your views should be placed before him in finished form so that he can make them his views simply by signing his name. In most instances, completed staff work results in a single document prepared for the signature of the chief, without accompanying comment. If the proper result is reached, the chief will usually recognize it at once. If he wants comment or
explanation, he will ask for it.

The theory of completed staff work does not preclude a ‘rough draft’ but the rough draft must not be a half-baked idea. It must be complete in every respect except that it lacks the requisite number of copies and need not be neat. But a rough draft must not be used as an excuse for shifting to the chief the burden of formulating the action.

The ‘completed staff work’ theory may result in more work for the staff officer, but it results in more freedom for the chief. This is as it should be. Further, it accomplishes two things:

a. The chief is protected from half-baked ideas, voluminous memoranda, and immature oral presentations.
b. The staff officer who has a real idea to sell is enabled more readily to find a market.

When you have finished your ‘completed staff work’ the final test is this: If you were the chief would you be willing to sign the paper you have prepared, and
stake your professional reputation on its being right? If the answer is in the negative, take it back and work it over, because it is not yet ‘completed staff work’.

Note: This statement has been widely reprinted.

Monday, February 15, 2010

This Week's Superwoman JD Laverne Gaskins: Laverne Lewis Gaskins is employed as the University Attorney for Valdosta State University.

Ms. Gaskins earned her Bachelor of Arts degree in Psychology, (cum laude), from Valdosta State University, and thereafter received her Master of
Education degree in Guidance and Counseling. She earned her Juris Doctor
degree from Florida State University's College of Law. Prior to beginning
her career in education law, she was engaged in the private practice of law.


Ms. Gaskins is actively involved with a number of entities. To list a few:
she serves on Editorial Board of The Journal of College and University Law,
she is a member of the State Bar of Georgia's Board of Governors, a Fellow
of the American Bar Foundation, the Valdosta Rotary, Florida State
University's College of Law Alumni Board and was the immediate past
President of the AAUW's Valdosta Branch. Ms. Gaskins has written several
articles that have appeared in national and state publications. Ms. Gaskins,
a 2008 Nominee for Woman of the Year sponsored by Valdosta Junior Woman's
Club, in was recently honored with the State Bar of Georgia's 2009 Justice
Brenham's Award for Community Service.

1. How has being a woman affected your career or legal education?
While I recognize that I am functioning in a male-dominated profession, I have not experienced any pronounced impediment to career advancement based on my gender.


2. What advice do you wish someone had given you when you first started practicing law?
I would have benefited from mentoring and expanded networking opportunities as I firmly believe that these experiences contribute to professional growth.

3. What do you think the legal profession can do to increase the number of senior level females?
Growth in this area is depended upon a recognition of and commitment to the goals and benefits of diversity. If our profession embraces the value of diversity the natural outcome of this attitude would be an increase in female attorneys functioning in senior level positions.


4. Being a first year attorney anywhere is tough. How do you think young attorneys can really hone their skills in their first few years?
Irrespective of ultimate career goals, I think it is important for all attorneys to experience being in the trenches-that is to experience the traditional practice of law (i.e. drafting pleadings and litigation). This fundamental background can provide a valuable foundation for fully understanding a particular legal issue or concern from a variety of perspectives.


5. Our profession is male dominated. How can young women balance being feminine and professional at the same time? I meet many women that simply act like one of the boys; I do not think that is the solution. Do you have any advice for handling social situations, outings with clients, etc.?
I think the legal profession is no different from any other in that women should not feel compelled to yield to any expectation of behavior that is rooted in antiquated or archaic stereotypes. Strides where made so women could experience freedom to choose career options and “behave” consistently with individual freedom. Therefore, care should be exercised that we not regress to thinking that we must conform to certain prescriptive for behavior. Ultimately, I believe that networking with others similarly situated is critical for success on a variety of levels. As a wife and mother of two adult children, I sought out those women who could best understand my struggles with balancing family life and career-networking is a survival skill.

6. What advice do you have for young female attorneys looking for a mentor? Do you feel that there is added value in finding a female mentor? What should they be looking for in a mentor, and what can they do to make themselves someone you would want to mentor?
Female attorneys should join and remain active in not only the mandatory bar of their state, but the voluntary bars organized with issues particular to the concerns of minorities and/or women.

7. What is your favorite thing about being a lawyer? I am sure you have a moment of achievement that made the sacrifices seem worth it. Can you tell us about a highlight in your career?
The best thing about a law degree is that it offers flexibility. I’ve owned my own firm as a sole practitioner and now I am employed as in-house counsel. My experiences have been varied and interesting. Earlier in my career, I provided representation to a client, who sought me out because I was a female. My “ moment of achievement that made the sacrifices seem worth it” was when I successfully resolved her issue and I began to more fully appreciate my ability as an attorney to effectuate change and positively impact the lives of others.

8. Men still get paid more and get promoted faster. What advice do you have for young women to help them accelerate their careers? Don’t practice in isolation-network whenever the opportunity presents itself and networking should not be confined to lawyer organizations. In keeping with my philosophy that volunteering is a good thing, while we should always be concerned about giving back and contributing to our community, attorneys should not discount the ancillary benefit from joining various civic organizations. Many of the organizations offer a valuable vehicle for meeting others whom may positively impact one’s career.

9. What are your interests/hobbies outside of the legal practice? How important do you think those interests/hobbies have been in maintaining some work life balance?
I believe in volunteerism and contributing to my community, therefore, I am involved with various activities. These outside interests keep me balanced –neither work or play should be all consuming.

10. If you could go back, what would you have done differently in how you approached your legal education and career?
I would have entered the legal profession earlier.

Saturday, February 6, 2010

Unpaid Internships - More or Less Opportunity

I have to admit, I am intrinsically opposed to unpaid or underpaid internships. I strongly believe that work should equal a minimum wage payment in return. While internships often provide an individual with invaluable experience and are great resume and network building tools, offering them at below minimum wage means you limit your pools of candidates to those who can afford the opportunity. Many internships lead to full time positions; therefore, by limiting the initial pool of applicants, you are also limiting access to certain organizations, and in turn great opportunities.

My first low paying internship was on Capitol Hill. I had just graduated from undergrad and wanted to take a year off, so that spring I deferred my entrance to law school and applied for an internship with Senator Chuck Hagel of Nebraska. That summer I ended up having emergency back surgery, didn’t have health insurance, and was out of work for a month. The day I got the call offering me the internship I was still coming off the meds from the surgery, but I said I would be there. I had $200 to my name when I arrived in Washington, so I tended bar both weekend days and three nights a week. I was always the last waitress to get there, which meant I always had to close down the bar. I got home at 3AM and went to work at 7:30AM. My internship paid $600 a month, which breaks down to $3.75 an hour. I was the only intern in my intern class who had to have another job. Everyone else I interned with was living off their parents - not that there is anything wrong with that to build your resume. However, this meant that when my intern colleagues were going to networking events after work, I was rushing to my second job.

The structure of the opportunities made Capitol Hill seem like a place of privilege. You either had to really want the opportunity or come from an affluent family. I couldn't understand how representatives could argue for increasing minimum wage when they didn't provide that for their own employees. I also didn't have health insurance while I was interning on Capitol Hill because the cheapest coverage I could find was $360 a month- kind of interesting to ponder in the wake of this great health care debate. My tenure on Capitol Hill was exciting, revealing, and character building.

After working on Capitol Hill, I went on to law school with aspirations of becoming a securities lawyer. Before I even knew about the 33 and 34 acts, I was dead set on securities- it had a lot of sex appeal. So I applied for an internship with the Securities and Exchange Commission (SEC). I was politely persistent with the gentleman in charge of hiring. He sent me a rejection letter and I wrote back telling him if any of his candidates backed out that I was still extremely interested and to please keep me in mind. They call this begging for a job - a job that didn’t pay anything- not even $3.75 an hour. Actually, interning at the SEC cost me money because I had to pay for the class credit and if you are an intern you don’t qualify for the transportation subsidy other government employees are eligible for. This brings me to another interesting point, all law schools have a policy that if you are getting credit for the work hours you can't get paid. I think I shouldn't have to pay tuition for those credits. Do law schools think money grows on trees? I guess they think it grows at Direct Loan Services or Sallie Mae; even those days may be coming to an end. Regardless, I wanted the job and I eventually got it. I think the gentleman in charge of hiring felt bad for me or appreciated my persistence. He emailed a few days later offering me the position. I had officially convinced him that my free labor was worth the opportunity.

I lost twenty pounds and got sick several times that semester. I worked on the side to pay the bills, took eighteen credit hours and interned at the SEC. I hated securities work, but discovered that on the other side of Union Station was another agency, the Federal Energy Regulatory Commission, which is where I currently work. However, my battle against unpaid and underpaid positions was not over yet.

The same semester I was at the SEC I interviewed for a summer position to clerk for a judge through a program that was aimed at recruiting minorities and low income candidates. The program was sponsored by the bar and funded by large firms. I already had an offer to work at a law firm but loved the idea of working for a judge. My interview for the position was with a partner at Covington & Burling. I remember walking in to their grand lobby in my very on sale suit and feeling extremely out of place. The position offered $1300 for the whole summer, which breaks down to $4.06 an hour if you do a typical eight week summer internship. In case you are not familiar with the cost of living in D.C. or the United States, $4.06 an hour doesn’t get you much. During that interview I decided to politely voice my opinion on how low the pay was and how I thought if the program was really aimed at helping minorities and low income students get ahead, perhaps it should at the very least pay them minimum wage. I politely explained how hard it is to constantly work for below average wage when you have no other means of financial support. I went on to explain how the structure of the clerkship program did not align with its goals to assist low income and minority students gain access to clerkships.

I am not arguing that all internships should pay large sums of money or that there is anything wrong with working two jobs to get good experience. I really do consider those years my character building years. Those experiences instilled in me a great work ethic and taught me the value of money, even more so than my parents had already taught me. However, I think paying someone a fair wage opens the opportunity to a wider pool of candidates and benefits all of society in the end. To my surprise, this partner highly recommended me for the position but I passed on the opportunity. I had to make some money that summer in order to survive the next semester of law school and save for my bar exam fees. Sadly, it was not really a choice.

My unpaid and underpaid internships gave my resume the boost it needed, but they took a toll on my health and sanity. They made me feel like I was fighting to belong in a world of law and politics that weren’t structured to provide me opportunities. I was constantly struggling to participate in networking opportunities that were limited to those who could afford them. I know it is an idealistic thought not supported by history, but I think law and politics should be the least elitist. These are the two areas where you want your hard working people who understand struggle. Only making these opportunities available to those in the upper class destroys the middle class, limits the generation of ideas that have made this country what it is today and has a significant long term impact on the economy.

I don’t regret my internships. That gentleman at the SEC who eventually offered me the position is a great mentor. He is a Harvard law graduate, but I didn’t learn this until over lunch one day -- a year after my internship. He is passionate about family and food and has a great sense of humor that truly puts things into perspective. I went to lunch with the partner at Covington a few weeks after my interview, and when I offered to pay she told me I could pay when I was rich and famous. Then we debated which was better and both determined rich and not famous was best. I will always remember that conversation because it’s such a boost of confidence when someone in that position believes in your future abilities. She is a great person who is always willing to lend an open minded ear and provide advice - even though at the time I was discussing an extremely taboo topic for an interview - money. And my boss on Capitol Hill has become a life-long friend. He flew to my wedding in Belize and my husband and I are going to his in Kentucky this fall. He is probably one of the funniest and nicest guys I know.

I realize that public interest positions will never be able to compete with the private sector; however, they should offer minimum wage. And while I believe that internships should pay, I also believe that at some point everyone should take the pay cut or swallow the low pay and take a public interest job. You will grow more than you will ever imagine. I was very fortunate to have the experiences I had but I think we need to strike a better balance by structuring internship opportunities in a way that makes them more feasible to those who do not have another income source.