Ask Ash

Dear Ash,

I am an NQ solicitor with only two months’ post-qualified experience. I recently joined a large firm but I work in one of the smaller departments. Due to the nature of the work, I’m frequently left in the department by myself and consequently am the first point of contact for clients. I’m also normally responsible for dealing with urgent correspondence coming into the office, and often have to draft responses based on phone calls with my line manager due to his being away from the office. I realise that I’m gaining good experience, but I’m fearful of making mistakes as quite often my line manager is not around to approve the actual wording of any correspondence which is issued. What I can do to protect myself in such a situation?

Ash replies:

Stepping into the world of post-qualification can be a daunting prospect. You are never quite sure what is expected of you once the training stabilisers have been removed. There is normally a wide spectrum of the likely treatment one can expect as an NQ. This can range from being treated in a similar way to a trainee, with no greater responsibility, to being burdened with as much responsibility as more experienced solicitors, if not more.

Although you have a responsibility as a solicitor to act in the best interests of a client, you also owe it to yourself, and for the sake of your legal career, to act in a sensible and responsible manner. In short you should try to avoid imparting advice or issuing correspondence where you have any doubts about the content of the advice or its possible implications, without first having this approved by a senior member of the team. I realise this may be easier said than done and that at such an early stage in your legal career you are trying to make a good impression; however, as you are newly qualified you have to take responsibility for the work you issue. Accordingly I suggest you speak with the senior members of your team in order to set clear parameters to the level of your authority.

To protect your position, I suggest you approach your line manager with a view to confirming the arrangements for you dealing with issues in his absence. As your department is small, where there are no other senior colleagues around, you could request that a senior member of another similar department be designated as your mentor in your line manager’s absence. Present this in such a way as to make clear that you are not shirking responsibility, but merely ensuring that work can be turned around more effectively and without delay by you being able to revert to a person located in the office. You could also emphasise that it would allow your line manager to progress with matters outside the office without constant interruption. Any recourse to your nominated mentor could also be agreed to be confined to situations where you have had little exposure to the issue at hand or where you are not able to source relevant precedents from your own department; thus allowing you to retain a certain degree of discretion.

The fact that your line manager has passed considerable responsibility to you at such an early stage can be viewed in a positive way, as he clearly does trust you. As one wise man said: “Few things help an individual more than to place responsibility upon him, and to let him know that you trust him”. However, it is important to set the boundaries I have suggested as this will give you confidence that you are working within agreed parameters whilst still retaining a certain degree of autonomy.

“Ash” is a solicitor who is willing to answer work-related queries from solicitors and trainees, which can be put to her via the editor: peter@ connectcommunications.co.uk . Confidence will be respected and any advice published will be anonymised.

Please note that letters to Ash are not received at the Law Society of Scotland. The Society offers a support service for trainees through its Education and Training Department. For one-to-one advice contact Education and Training Manager Katie Meanley on 0131 476 8105/8200, or KatieMeanley@lawscot.org.uk