"I'm Just a Trainee"- Being the Deer

I sit at my new shiny desk, pens in a row and my with my fancy wheelie chair, which to be honest is really uncomfortable as I can't work out how to adjust it right. The hallmarks of self-assured trainee who has completed a year are all over my new professional home; my desk. Self-assured trainee knew how to do everything; she knew how to answer the phone; she knew how to complete tasks on time- hey she even had time to write a crib sheets of how to do things and adjusted the chair beyond adjustment!

In honour of adjustment, after the third week of my training contract, I went to a forum aimed at trainees at the Law Society. I thought it would be a nice day out to a posh building and have a catch up with some old LPC friends, who are now training at other firms. I did get to go to a posh building and catch up with old friends, but I also got a surprising opportunity to re-evaluate how I'm doing working with others so far on the training contract. My re-evaluation came in the form of a talk on body language and making an impact by a guy called Steve Weiner. I identified straight away with the scared deer description of a trainee who has a question barked across at them: "Follow these complicated instructions- and I'll make you feel 1 inch tall if you ask a question or get any aspect of this wrong." Yeah I identify with the deer- that frozen scared expression.

http://tristin-stock.deviantart.com/art/Deer-Scared-93668906

I suddenly feel like all common sense, vocabulary, articulation, evidence of my 2:1 Law degree or even evidence of any intelligence has flown out the window and been replaced by this four legged mammal struggling under her own weight. As Steve Weiner described this situation, I was relieved to see a roomful of trainees nodding in agreement- they've had a deer moment with their training partners too... 

On that then, I figured this was a regular feeling for a young trainee walking into the bear pit of the law firm, so I thought I'd share with you all my talk on how to be less like the deer and more like the bear. By this I don't mean squaring up to your boss- not a good tactic. These strategies are more about being more confident, self aware and comfortable in your environment. Your firm may not let you loose on clients straight away so your way of providing services to clients is to see your training partners as your client and help them out whilst challenging yourself and learning along the way. From my A'Level drama days, I learned that status is an important aspect of learning about characterisation. Behaving with higher status in a deer situation will always give you a confidence boost to take you back from that quivering 4-legged wreck to... Yourself.

1. Long and Low:

http://www.wired.com/wiredscience/2012/03/voice-pitch-voting/-
lower pitch voice indicate higher social status

Studies have shown that people are more likely to respect and trust what you have to say if you speak at a lower intonation and slower. Slowing down when speaking will help grounding yourself and staying in control. You don't have to be rapid fire- think about what you have to say and be confident of what you say- it is valid! 

2. Your Boss is your Client:

http://www.flickr.com/photos/gordon2208/6237893181/

This doesn't mean your training partner has the right to unlimited tea and biscuits on demand for the next 6 months so hear me out: If customer service is about trust and reliability, if you build a track record in providing this to your boss; you're more likely to be put through your paces, get in front of clients and create a profile of yourself as a valuable member of the team. Assert yourself with "service words"- how can I help you with this; be precise and professional with what you have to say; don't be too emotive and don't be too bothered by directness. If you don't get a "thank you" it's not because your boss is rude or dislikes what you have done- they are just focussed on the result. This is a big lesson for me and something I am still learning- not to take anything personal! 

3. Ask:

http://goodmanagementisnot.com/2012/10/04/whats-a-good-manager-worth-2/

Training Contracts are two-way streets. as well as providing a service, you are there to develop and challenge yourself and ultimately become an amazing lawyer and confident member of the profession. Be assertive in asking, don't just hang by the door- try low and long and go for it. Asking will make you feel more comfortable in your immediate environment and more confident in your abilities. Some seniors in law firms have been there for so long, they forget what it's like to be in your shoes- I figure that's why it can feel abrasive, but isn't it better to feel a bit silly for asking than looking really silly for not and making a mistake? Also, you get this amazingly smug feeling when you ask about something your senior overlooked!

This isn't meant to be a lecture, I don't know all the answers- I'm still learning to adopt some of the ideas I have suggested. I would love to know others' thoughts/experiences, but in the meantime, I'll keep trying to adjust my chair!

The First Day of School

I remember surprisingly vividly my first day of school. My mum had dressed me up one notch down from a princess at a fancy dress party; grey woollen pinafore, holey white socks, dolly shoes and a large brimmed straw hat. Luckily I have yet to find the pictures of this, but the hat was so large; you wouldn't be able see my fresh 4-year-old face anyway.

Since being four and stepping out of my front porch to my grandparents and parents frantically taking pictures, I've experienced many "first days of school." However, none of these experiences truly took me back to the "first day of school" feeling; that was until I started my Training Contract.

Almost to the day 20 years later, I started my Training Contract. Like most people I suppose, things never come easy to me. In fact, the process of academic training and securing a graduate trainee position was easily one of the hardest things I've done in my life. My heart was in my mouth in the morning, it felt that every single moment of my life had been leading up to this moment that was happening right now... Walking into that office; being charming, well dressed and of course demonstrating sharp wit and intelligence. For me, this was far more nerve-wracking than the interview; we all know the rules for the interview. 

You must now be wondering why I'm recounting what sounds like the near onset of a panic attack. I'm simply trying to set the scene and I'm sure many young people will identify with this anxiety. Our generation no longer has the level of job security than previous generations and graduate employment is far from predictable across all industries. In LPC colleges, Training Contracts are spoken about like magical beings, which are almost unobtainable. So much pressure is put on reaching that amazing offer, it's hard to know what to do next.

From my recent reliving of my first day of school in the form of the first day of my TC, there are a couple of observations I want to share with you. Firstly, always keep in the forefront of your mind that you were chosen because you are the right person; be yourself and you'll be fine! Secondly, don't listen to that voice in the back of your head, which is telling you to say something funny; ask a question or say something clever. Ask a question when you have a question, engage with others and don't force it. It's always when you force yourself to say something clever that you come up with the most stupid cringe-worthy comments. And Lastly, bear in mind that it's your first day; no one is expecting you to event the wheel. Your career path is a long road and there will be endless opportunities to impress. Take everything in and don't berate yourself if you're not working on the juicy stuff straight away- there is plenty of time for that.

The Law of Fashion

Today I have decided to write about two things I love; fashion and IP law. The law of fashion is peculiar in that there isn't exactly a lot of "law" in fashion at all... I'm not talking fashion police here for those style faux pas, I'm talking legal protection through Intellectual Property rights over style and designs of "vogue" product. A great argument for Intellectual Property rights is that it encourages innovation. When we grant an exclusive right for a person to manufacture and sell his invention of x for 20 years there is primarily a two fold benefit; firstly, the invention is disclosed, allowing others to improve and develop on it and secondly; IP protection is beneficial as it is incentivising the inventor to also innovate, so once the 20 years have passed, a protection of some sorts may still exist on a newer invention. This is a typical scenario in "hard IP", but when we think about fashion, there is little IP protection. The paradox here is that if there is apparently no incentive through protecting innovation in fashion, why is fashion so innovative?

Johanna Blakley on her recent ted talk suggested innovation in the fashion industry is driven by copying. The big trend setting fashion houses release their collections in London, Paris and New York and the "high street" retailers make affordable copies for you and me. The old saying that imitation is the sincerest form of flattery is very much the words of the day in fashion and Johanna Blakley argues that if other industries were more like fashion and waived their IP rights, they would find healthier return within their industries (heavily IP protected industries having lower gross profits in America than industries where IP protection is low.) This was an interesting take on an old paradox in IP law, but one thing, which wasn't considered so much here is the creature that is the "brand."

Take that all known and loved iconic Luis Vuitton bag, need I say more? Even if you've never ventured from living in a cave you would know the one I mean. Can this bag be copied by the high street retailers? No, because they've essentially slapped their trademark all over it, any copying here would be trademark infringement as well as potentially passing off. Luis Vuitton is the one, which springs to mind, but there are plenty of other high end fashion houses, which slap their trademark on products, think Chanel, Savatore Ferragamo, Mulberry, there's a big old list! The brand here (protected by trademark) is something, which is used to protect copying in fashion.

I don't believe it stops there. The beauty of fashion and the reason why it doesn't attract IP status as other industries is because it's a utility, it's something we use every day, it is not distinctive enough alone to give rise to exclusive Intellectual Property rights. The creation of a "brand" however is incredibly distinctive and if created well, can create a concept so powerful it can extend endlessly throughout our society. Fashion in the world of the brand is about the concept as much as it is about the clothes.

Take our staple fashion pieces; a pair of jeans, leggings, a t-shirt, a jumper; the choice to buy these wardrobe essentials comes from us buying into an idea as much it does the design of the product. I was considering the growing emergence of the "concept" store such as hollister this morning, where the lighting is dim, the perfume is potent and the music is loud. Why is it like this? Call me "old" but I actually find it quite annoying, I think many others do. I asked my boyfriend, who is a fashion retail guru why Hollister have chosen to do this. He replied that it was an extension of the brand, they want to take their customers away from a shopping mall in Shepherd's Bush and into a Californian surf shack. This image is as much what we "buy" into as it is the actual clothes and let's not forget the seagull placed carefully on every top pocket. Innovation is the "statement" of the fashion world, not the staple, it is the retreat of the fashion forward and although I see this "copying" hierarchy emerge,  there is more to the story in that the retailers have created stories in order to claim their stamp on the products, they have created the brand.

The incentive to innovate here I think has something to do with attaching it to a brand's identity, this can be quirky colours; a particular cut of dress; which is released seasons after season in different colours or even a pattern embossed on a button. The realm of the brand is however we like to think of it something which attracts some kind of ownership, which we recognise to give rise to IP rights. This makes me question how IP free fashion actually is and in turn question how much innovation has to do with pure creativity rather than furthering brand identity.

Should I Become an Accutrainee?

 The flashy web page has a night time photo of the dynamic City of London skyline and the promise to "redefine trainee resource management." The Accutrinee mantra is bold; "efficiency and flexibility redefined." The rebranded business model has hit the ground running offering relief to all sides of graduate legal recruitment: A law firm can draft in trainees according to the needs of the business and trainees struggling to get their foot into the door of the legal profession can begin the final stages of legal training and becoming a fully qualified solicitor. Where vacancies are at a premium and young graduates, with good degrees are struggling to secure "full term" Training Contracts, Accutrainee seems to be the answer. The prospects are glossy and appealing, I am one of many LPC students, investing a lot of money and hopes to a future in the legal profession and keeping my eyes peeled for that elusive Training Contract. Flora Duguid on the "Legal Cheek" http://www.legalcheek.com/2011/12/early-shine-wears-off-accutrainee/, earlier this week pondered the Accutrainee model and despite the negatives, I was left pondering; should I apply to become an Accutrainee?

For those, who haven't heard of Accutrainee until now, I will briefly explain the model and how it is different to the “Traditional” model... Accutrainee seconds out trainees to firms on SRA approved Training Contracts as and when they are needed on essentially temporary contracts. Under the “Traditional model”, a Training Contract is undertaken over a two year period and a Trainee will generally complete this by working with one single firm throughout that time. The Accutrainee concept is different as a trainee is more likely to complete training with a number of different firms over a two year period; also, the recruitment period is more flexible (many firms currently managing training programmes, where applications are two years in advance of the trainee starting.)

I put the question of whether we all should become Accutrainees to my fellow LPC owls and was somewhat surprised by the response of "Where do I sign?" I am a rather open minded bunny, but love more than anything to play the devil's advocate and inquired further as to their motivations to become the next Accutrainee candidates. My line of questioning read something like the FAQs of your Accutrainee sceptic: Aren't you concerned about the quality of training? Do you think a firm will have a genuine interest in investing in your future, when you're only on a temporary contract? Wouldn't it just be better to apply to become a paralegal in view of securing a Training Contract? I'm not sure if I am missing the trainee boat on this one, but I seemed to be far more concerned than the legal owls I had spoken to, who were still asking me how they could jump on board. For those of you, who cannot resist, here is the information you need to become a fully fledged Accutrainee candidate: http://www.accutrainee.com/trainee-solicitor-training-contract/solicitorapplications.

Personally, my concerns on the quality of training links in with my concerns on firms investing in future lawyers. I don't only want to qualify as a solicitor, I want to qualify as a good solicitor, who engages with the ethos of the firm and some day hopefully progresses to become a partner, or even have my own law firm. I will not dwell on my stint in the Solicitors' Disciplinary Tribunal, but I know only too well the consequences of "poor" training; seeing first hand many junior solicitors putting misconduct down to inappropriate training. I'm not saying that the Accutrainee model will provide substandard training, but when some firms, who take "full term" trainees do not adequately train, it may be less likely that a firm, who takes a trainee on a temporary basis will be as interested in training to as high a standard. The vested interest on quality training on the firm's part not only relates to belief of the integrity of the profession, but the investment on that person's future. We have to remember that a law firm is a business, who wants to surround itself with the best and brightest in order to achieve goals in future success. 

Under the Accutrainee model, we have to remember that the trainee is needed "as and when" dictated by business needs. I can see this working positively, such as when a firm, with a tight budget is unsure of whether to invest that Law Society minimum salary on a graduate, who may be better than perfect on paper, walk the walk, talk the talk, but when he arrives on the first day, is a complete liability. Accutrinee enables a firm to "cushion" its risks by vetted trainees, who have gone through further training and have to "prove" themselves. Many trainees may in fact find that jumping those extra hoops may pay off and be offered a more permanent position. A firm then would have made a more secure investment on a trainees' future as well as the trainee progressing one step further, rather than waiting in the wings as a paralegal for a number of years before being "snapped up". On the other hand; how open is this model to abuse from firms wanting to take advantage of eager beaver trainees for a limited time to do the jobs that nobody wants to do during the "busy periods"? Also, securing unpaid work experience in law firms is increasingly challenging even for graduates; with a wide-spread Accutrainee model, surely firms will no longer require students for work experience. We all know that slogan being blasted in law schools' career services up and down the country: Experience, experience, experience.

It is a well known saying that life is not about the destination, but the journey itself. This can be said for life as it can career; a middle-aged partner with a sharp suit and gnashers a-glaze on the "about us" part of a law firm's web site says nothing about the back story; that investment someone made a couple of decades ago, when he was offered then the position of "Articled Clark". Like all new ideas, it cannot always be predicted whether they are good ideas. We cannot currently look on a law firm's website and see a partner in an equally sharp suit with a caption below saying; “this person started as an Accutrainee”. Will we in the future see this image? Only time will tell. Will I become an Accutrainee? Perhaps not just yet.