Things Lawyers Like - The Associate Defense

Lawyers like blame. In most legal pursuits, the goal is either to figure out whom to blame for an injury or to define the party that will take the blame if something goes wrong. The only kind of blame that will make a lawyer very uncomfortable is the personal, “I made a mistake” kind of blame. For this type of blame, the overpriced and high-powered partner lawyer hires associates.

The “Associate Defense” emerged over time in conjunction with the rise in starting salaries for new lawyers in big firms. The partners in these larger law firms were becoming involved in more complex deals and litigation and started to become concerned that they could overlook a typo or incorrectly cite a case in a brief. They needed cover in case one of these missteps caused major collateral damage and so they began looking for junior lawyers to provide some cover.

Over time, the “Associate Defense” has grown to redefine the practice of law for those who rise to the level of partner. Once the protection of an associate is offered, this more senior lawyer can begin to forget almost every aspect of the actual practice of law and leave those details for those more junior to handle. The partner can sit back, make up reps and warranties or case law citations at will with the relief that the young lawyer will make the impossible possible. If not, well, it certainly won’t be that partners fault; after all, if blame becomes an issue, the associate defense can step in to rescue the day.

You see, lawyers often like to say that the practice of law is like playing chess. At first, you might think this is due to the strategic nature of the game. In fact, however, this is just a reference to the roles played by the different pieces. In law practice, like in chess, the most successful king or queen will always need a couple of pawns for protection.