Clockwise from top left: David Diamond, Christina Yang, Tom Phillips, Chloe Taylor
28 March 2024NewsFuture of IPMarisa Woutersen

Junior legal pros are not just ‘revenue generators’

Young practitioners panel highlight importance of treating junior lawyers as developing professionals to improve retainment | Firm culture, inclusivity, and meaningful opportunities cited as reasons to stay for juniors | ‘Offer guidance’ on networking skills and alternative career paths.

If firms want to retain junior professionals, treating them as something other than a “revenue generator” is the key, according to an expert panel.

David Diamond, chair of INTA's Young Practitioners Committee, told a WIPR Insights webinar that junior legal professionals “want to be treated as a developing professional rather than a dependable profit centre”.

Speaking on What junior IP pros want: A guide to keeping talent happy, part of this month’s Future of IP focus, industry experts shed light on what firms can do to retain their talent.

Chloe Taylor, co-chair of the International Association of Young Lawyers Intellectual Property, Technology, Media, and Telecommunications Commission, identified respect and trust within the workplace as important in creating a culture that juniors want to work in.

Describing it as the “idea that we trust that junior lawyers are there to work hard, are professional, and will work in that way,” Taylor emphasised how “having some level of autonomy” combined with open communication from senior managers was important.

Echoing Taylor's sentiments, Christina Yang, chair of the American Intellectual Property Law Association's New Lawyers Committee, emphasised the value of inclusiveness and “giving meaningful opportunities for junior attorneys to present their skills”.

She highlighted the importance of providing avenues for junior lawyers to contribute meaningfully to cases, actively engaging in oral arguments and strategic discussions.

“They should not be just stuck doing grunt work, such as document review or doing legal research,” said Yang.

Yang recommended seniors openly discuss with junior attorneys their comfort levels and willingness to take on tasks, then provide opportunities accordingly.

On this note, Taylor suggested a less hierarchical approach from firms, and offering more transparency in terms of organisational structure to allow juniors to feel trusted and empowered.

Diamond, speaking from a US trademark perspective, added that investing in a junior lawyer’s career can sometimes be challenging for firms due to frequent job changes from junior legal professionals. However, treating them as more than “revenue generators” is crucial for retention, despite the uncertainty of long-term outcomes.

To address this issue, Yang, speaking from her experience as a junior patent litigator, said being given a detailed explanation about a case and how her tasks contributed to the overall picture, was helpful.

“Having communication upfront with a junior attorney and treating that person as a true member of the team is a very good way to make that junior attorney happy and safe as far as the long term,” said Yang.

Partnership ‘not the only route’

Yang highlighted that while partnership is a common career pathway, it is not the only way.

“I don't think a lot of junior attorneys see that as the only pathway available for them.

“It’s becoming more common to explore other ways in which one can stay as a patent litigator; there are other non-traditional roles available to pursue,” said Yang.

Adding to Yang’s point, Taylor noted that it's becoming increasingly apparent that not everyone sees partnership as the ultimate career goal.

With the emergence of alternative roles such as of counsel positions and the growth of legal tech, there are diverse career options available, according to Taylor.

The traditional linear trajectory of career progression is giving way to a more varied and dynamic industry.

For example, Taylor explained a new route to qualification in the UK called the Solicitors Qualifying Examination (SQE).

With the SQE, individuals can qualify as solicitors by passing exams and gaining qualifying work experience, which can include roles within a firm or in-house legal positions.

This option changes the previous gatekeeping mechanisms of law firms and offers junior lawyers “a lot more control or autonomy” over their career paths, said Taylor.

She thought the SQE “invites more diversity into the industry in the UK”, however, its impact remains to be seen as it is relatively new.

Guidance on networking

Diamond acknowledged that while it may seem trivial, junior lawyers will benefit from guidance on networking skills.

He recalled his own experience of receiving training on conduct at social events and emphasised the importance of intentional institutional guidance for networking from employers.

However, it is important to note “it's quality over quantity,” according to Diamond.

“There's a qualitative aspect to participating and pursuing networking that often folks miss out on. It's not just showing up to events, it's what events you're actually going to in terms of what makes sense with your end goal of developing relationships in business,” said Diamond.

He advised aligning networking efforts with one's practice area and goals, and suggested firms provide intentional guidance to help junior practitioners navigate networking effectively from the outset of their careers.

Yang added: “It's important to follow up with the people that you met, because it's all about maintaining relationships”.

This is especially important when connecting with peers or junior attorneys, as they may progress within their organisations and potentially offer business opportunities in the future.

Taylor echoed Diamond but added the importance of peer networking.

Young practitioner forums, such as the ones the panellists sit on, are supportive and welcoming.

“The brilliance and the beauty of these young practitioner forums is that everyone is looking to make their relationships and network because they're not established yet. So they tend to be a friendly, open, welcoming situation, which is perhaps easier to navigate,” according to Taylor.

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