Career Clinic: Will I become a target if I admit I'm struggling?

Tough situation. My view is that if they are using a 1pqe solicitor as a locum then they are not expecting you to know everything, in the same way that the person you replaced did probably not know everything. Seek help. Obviously the caveat, if you oversold your abilities considerably to get the job, you may now get found out. As a general guide, I'd ask an assistant for help rather than a partner.

US Associate -18 Jun 2009 | 07:38

I don't think they would get rid of you if you tactfully look for a bit of help from someone else but you just never know with some firms.

Other than that, hitting the books and maybe having someone (preferably a friend) check over a few practice drafts you've done could be a good help.

Mr Reese -18 Jun 2009 | 08:48

Ordinarily, I would recommend speaking up so that you get better support but, at the moment, I think you're right to be wary of admitting you can't cope. Here are a few tips (i) most lawyers do things every day that they've done before and so use a precedent, as you're relatively junior you may not have your own bank of old deals yet, but try talking to some of your peers and see if they can give you a good starting point when you have to draft a document, (ii) Practical Law also has a variety of precedents and some drafting tipsheets and (iii) drafting is sometimes tricky but often-times it is about being clear in your own mind, before you put pen to paper, of what you are actually trying to say. Ask more questions of your clients if you are unsure of your instructions. I hope this helps.

Orange -18 Jun 2009 | 09:36

First of all, where on earth did you train! Surely they trained you to draft?! Anyway, moving forward, this is tricky because I guess it depends on a lot of factors - the notice period on your contract, the culture of the place where you are working, the patience of your superior. If I had a notice period of a month, worked in a relaxed environment and had a helpful superior, I would definitely ask for help.

Metallica -18 Jun 2009 | 10:05

I trained at a Magic Circle firm and was not taught to draft commercial contracts - only finance contracts and even then it was very hit and miss and mainly consisted of proof-reading. I have struggled with contract drafting ever since. I concentrated on advisory work but now work in legal publishing. I agree with getting decent precedents and using drafting guides on sites like PLC - they are invaluable, as are checklists etc. You have my sympathy!

Helsbels -18 Jun 2009 | 13:14

Metallica - I seem to remember you aren't a trainee yet. You'll be surprised at how little real drafting most roles encompass - document amending is not the same as hardcore commercial drafting, which is a very difficult skill to master. Certainly ask peers for assistance rather than senior people, and PLC is invaluable. A CPD course in drafting is probably a good idea. You don't say what area of commercial drafting you are undertaking, but be aware that most people build up their own precedent banks by nicking other people's and amending to suit. It is impossible to automatically know what should be in a document (unless you wear very, very thick glasses) so there is no harm in asking for a precedent from a colleague and some tips on similar deals that may have happened before. You'll be doing it for the rest of your career anyway.

Anonymous -18 Jun 2009 | 16:47

Anyone who has been a trainee at a commercial firm will understand the difficulty faced by the poster. Contract drafting is not something most trainees have the opportunity to learn. To the OP, your employers should be aware of this and will not have expected someone at NQ level to work completely independently. Go to a more senior colleague and ask for advice. Good luck.

2yearPQE -18 Jun 2009 | 18:23

Keep quiet, you need a job to keep yourself afloat so coming clean about your incompetence is the last thing you want to do now. Blag your way through - if the contract is wrong or inaccurate, it isn't your problem, it's the company that is going to get sued. When you are confronted about a bad piece of work you did, just say that in YOUR mind YOU thought you had done a proper job. It isn't for you to judge your performance, it is the company that is paying you. Be selfish, you need the income.

Investment Banker -19 Jun 2009 | 13:27

Couldn't you ask anyone at your previous firm for help? The Law Society also has a precedents library. The whole point of a draft document is that it will be amended, so don't try to produce the definitive. Never be afraid to ask for help, as I've yet to come across a solicitor worth their salt who won't help out a newly-qualified.

Locum Solicitor, Herts -19 Jun 2009 | 15:56