3 More Tips For IP Summer Associates

// About 150 columns ago, back in June 2019, I laid out in a column three tips for incoming IP summer associates. There, I discussed how important it is for incoming summers to demonstrate gratitude and humility, despite the significant academic achievements that put them in the position to land a summer associate spot in the first place. I also reminded incoming summers of how avoiding gossip and not oversharing personal details is essential in a law firm setting. At the same time, however, I also discussed why it is so important to learn what you can from new senior colleagues over the course of the summer associate experience, while also being cognizant that displaying genuine interest and curiosity is the key to unlocking positive feelings from those you are interacting with.

At bottom, I tried to reinforce what the goal is for any summer associate experience — “to leave the firm feeling secure that you can be brought on full-time right out of law school.” That’s what it is all about. And now, with nearly all Biglaw firms coming off banner financial performance in 2021, it is not a surprise to see that summer associate programs are expected to get back in full swing this summer. In fact, there have already been reports that 2022 summer associate classes may be the largest ever at some firms, even as many firms are still working through their post-pandemic return-to-office plans.

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For example, one Reuters piece discusses how firms are planning to rekindle the social events that were such a big part of the summer associate experience before the pandemic. With a twist, of course, to accommodate the hybrid working schedules that are such a big part of today’s Biglaw work rhythm. Likewise, firms are adopting flexible in-office schedules for summer associates, both to align their in-person attendance with days that the office is more fully staffed, as well as to give summer associates a taste of how Biglaw has operated — indeed thrived — virtually from the onset of the pandemic to now.

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In perhaps one of the most interesting developments, Skadden is reportedly going to introduce “summer lectures on subjects such as financial well being, nutrition and stress management” — in yet another example of how firms want to keep younger associates primed to stay both physically and mentally healthy in spite of the challenges of joining a Biglaw firm during a boom time. Taken together, it looks like the 2022 summer associate class is in for an interesting ride, even as firms flush with cash look to both pamper and educate in the hopes of discovering which of today’s neophytes has what it takes to develop into tomorrow’s top billers and firm citizens.

So how should 2022’s summer associate class handle their first foray into a law firm IP group, whether in a Biglaw or boutique setting? For starters, I continue to believe that the advice in my 2019 column is evergreen, as well as a good starting point for thinking about how to best portray oneself in a new professional environment. But there is always more we can do to excel, so here are three more tips for IP summer associates to consider as they head into one of the most exciting, yet binary, experiences they will have in legal practice. Binary, because at the end of the summer, there will either be an offer of full-time employment post-law school, or a polite communication that the prospective associate is not cut out for success at firm X. The former category is a lot more pleasant.

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To start, I would suggest that 2022’s summer associates educate themselves as thoroughly as possible about changes that the pandemic wrought on the IP practice that they are being recruited into. Is the group expanding or contracting? How busy has everyone been — and does it look like the boom times will continue? Are there any new areas of IP that the firm is looking to expand into — such as branching into an area of litigation, like trade secrets, that the group was not previously active in? In short, do your best to learn about the group you are joining. And pay careful attention to any disparities between what you have read and heard and what you see with your own eyes when you spend time in the group. In particular, keep an eye on whether the senior associates are a happy or grumbling lot. If the latter, recognize that these are some of the firm’s most profitable assets — and if they are not happy, that may not speak well of the firm’s culture as a whole.

Second, it is important for summer associates to try to create some kind of concrete work product over the course of the summer. Whether it is co-authoring an article with a partner — everyone loves a research volunteer — or working up a draft brief in a pro bono or paying client matter, it is important to have something to point to as your own written work product when at all possible. Besides being good practice for the type of marketing you will be doing as a more senior associate or partner, your writing may have future uses that can’t be anticipated. At such a formative stage of a legal career, it is important to remember that there may never be a more opportune time to get in the habit of writing as during the  summer associate days. When else will you be drawing the equivalent of a full associate’s weekly salary without the billable expectations?

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Lastly, I believe that modern IP associates must develop a passing familiarity with two topics at the earliest practicable stage of their legal careers. Those two topics? Litigation finance and crypto/NFTs. As with writing, your summer associate days are well-suited to dive into these and other topics of interest, free from the burdens of schoolwork or the need to bill enough hours to justify one’s continued employment. Why these two topics? For one, many older lawyers remain less than fluent in these areas, but may have already started to see the impact of developments in those species on their own practices. As such, a younger associate with a real knowledge base in these areas will be of outsized help. Likewise, there is no doubt that both litigation funding and crypto/NFT work will continue to have a significant impact on IP practice for the foreseeable future. Building a solid foundation in those areas could be a great way for a younger IP associate to distinguish themselves should they manage to turn their summer associate position into full-time employment post-law school. Eyes on the prize everyone … and best of luck to the 2022 IP summer associates.

Please feel free to send comments or questions to me at [email protected] or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome.

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Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique, and Markman Advisors LLC, a leading consultancy on patent issues for the investment community. Gaston’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at [email protected] or follow him on Twitter: @gkroub.

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Biglaw, Boutique Law Firms, Gaston Kroub, Intellectual Property, Summer Associates