It takes at least two reps to make writing go right: an interview with Ken Chang

I met Kenneth Chang when I was a junior attorney and one of the things that left an impression on me was his team management and empowerment. I talked to him about how to effectively manage folks that are earlier on in their careers in a way that helps them learn without crushing their spirit. 

1. What advice do you have for early stage attorneys about approaching persuasive writing? 

The first thing I tell law students and attorneys at the start of their careers is to focus on improving your writing. A primary aspect of our profession is communication: with clients, the court, an opposing party, even the public.  We must be clear, concise, persuasive, and at times entertaining, or at least not boring.  The only way we get to this place is through reps. Doing the task over and over, editing, revising, critiquing, etc.  It’s a lather, rinse, repeat game.

Unfortunately, the realities of our business have diminished the one tool utilized by attorneys to improve writing: the legal memo.  Clients won’t pay for it.  Supervisors don’t want to take the time to review it.  Attorneys in training don’t want to write it.  And it’s a bit of a shame because many a knock-out argument began in the dregs of a legal memo drafted by a newly-minted attorney.  Further complicating this essential aspect of our profession is the rise of AI as a research tool, which essentially drafts the memo or email for you.  While surely these changes are more cost effective for the client, and more efficient for the supervisor, they also degrade the writing skill set.

My recommendation, which I give often and completely unsolicited to associates in my firm, is to write articles for publication.  Article writing provides the attorney with an opportunity to draft something on a topic of interest that will be reviewed by a larger group of people than any brief or agreement. The fact that it will be read by a large group of peers, and those you admire, motivates some of your best work-product. And you receive the benefit of a publication, notoriety, and personal marketing both within your organization and to the public at large. Also, you might have your article reviewed by a supervisor, who in exchange for their name on a by-line will usually provide helpful feedback with the added benefit of developing that relationship. Bottom line: it’s a good thing to do.

2. When conflict arises among two members of your team, how do you approach resolving the conflict without losing more productivity than you have to? 

Most conflicts arise because there is a lack of communication between team members, and it usually involves scheduling and bandwidth. Remote work, if not handled appropriately, potentiates this problem, as people are not talking to each other in-person or bumping into one another in the hallways. You have to be intentional with preserving communication with remote work, including making sure folks have regular touchpoints outside of needing work to get done. A key aspect of a well-functioning team is that everyone knows what the other team members are doing and when they are doing it. I make it a point to have a team check-in at the beginning of the week and then at the end of the week to make sure we are all on the same page, and follow-up individually as needed during the week.  Clear communication in this regard also makes handling the unexpected things easier; the team as a whole can work to cover others who suddenly become swamped with another task.

Other types of conflict that are more interpersonal in nature are harder to resolve and can have a significant impact on productivity.  But I also find that keeping a team culture of “client-first” helps buffer against some of these more personality-driven disputes.  I also try to nip these issues in the bud when I first hear or observe a brewing conflict. Again, open communication and clearly setting forth your expectations to the parties involved goes a long way to stopping conflict before it impacts client service.  It’s a privilege to be trusted advisors, and that position is diminished when we place our own egos and selfish desires ahead of the client. 

3. How do you make sure you have enough time carved out in  your day to focus on strategy when you’re  working on “bet the company” litigation? 

“What am I (or the client) trying to achieve here?”  It’s a key question that attorneys should ask themselves each morning as they begin their work. Understanding the larger goal: (1) continues to exercise your mind in creativity, by bringing you out of the forest; (2) provides significance to what might otherwise be a mundane task such as document review or discovery motion drafting; (3) aligns you more closely with the client and their goals; and (4) actually make you more appealing to the client, as they see that you are thinking about the company as opposed to an individual project or your billable hours.

For me, the morning is best for this type of thinking, before I go to the office or get in front of my computer at home, sitting in my simulated wood Adirondack chair with a cup of coffee.  But I also think that taking five minutes before starting any new assignment to pause and think about what you are doing and why, instead of just diving into the project, helps reset your brain and makes you present and motivated for the activity.

Ken, thank you for taking the time. Ken can be reached at kenneth.chang@quarles.com.