题记：这篇短文，是我在美国BlankRome律师所实习总结的一部分。其他内容因为涉及到confidentiality，还在等待律师所的审核。这部分内容不涉及律师所具体制度和信息，先发在这里。事情的起因是今天我与我们学院一位校外英才计划导师聊天时，我们共同的感慨就是：现在很多学生缺乏长远眼光、过于浮躁和功利，无法沉下心来做事，急于求成。这种心态是导致很多年轻人在进入律师行业以后频繁更换指导老师、律师所的状况。借这篇短文，希望提醒自己：做事一定要踏实，做人一定要真诚。所谓“你若盛开， 蝴蝶自来”。
要有长远眼光，不计较一时得失。
Look at things in the long runand don’t mind gaining or losing in the short run.
在实习过程中，我发现同期与我们在律师所实习的还有美国本土的法学院JD学生。John告诉我，法学院学生通常在二年级暑假申请到律师所进行实习，俗称summer intern。大型的律师所的暑期实习岗位竞争非常激烈。但是，JD学生一旦被录用为暑期实习生，如无意外，通常都可在实习结束时获得一个pending offer，毕业后即可直接到律师所工作。
I noticed some applicants of JurisDoctors from American law schools who did their interns with the Firm as wellduring my stay. John told me that these students who are called “summer intern”usually apply their interns with law firms in their second summer holiday. Itis highly competitive. The good news is that they would normally receive apending offer after they go through their interns. This means they may go intotheir career directly after they graduate from law school.
我知道美国律师所对于summer
intern是按照未来的助理律师的标准进行培养和训练的。正因为如此，我很好奇，如果收到0ffer的实习生毕业后不来律师所工作，律师所会不会觉得自己白费了时间和精力去培养、最后却竹篮打水一场空呢？John笑着告诉我：首先这种情况发生的非常少。其次，即便发生，他们也不觉得有什么问题，学生有选择的权力。此外，学生另谋高就对律师所来说未必是坏事。如果学生最后选择去法院给法官做助理(clerk of the judge),律师所会非常高兴，因为大部分担任法官助理的人，通常只做1-3年，将来他还会选择会到律师所的。届时如果能够说服他再来我们的律师所工作，对我们来说简直是天大的好事呢。我记得以前读过一篇文章，说是美国一些顶级律师所每年都会虎视眈眈地盯着法院法官的助理们，一旦他们有辞职做律师的风声，就赶紧拉人。另外，如果学生毕业后选择去企业做内部法律顾问，律师所也会很高兴，因为对于律师所来说，等于多了一个潜在的客户啊！即便学生去了其他的律师所，也不代表着成为敌人。每个律师都不是全能的，因此这个学生未来很有可能会向原来实习的律师所推荐客户或业务。而这种推荐，是律师所业务中很大的一部分。
I was told that American law firmstreated summer interns like future associate lawyers and trained themaccordingly. Therefore, I was quite curious that what if an intern who hadreceived offer from a specific law firm ended up in not coming. Will the lawfirm feel they had wasted their time on training the intern? John burst intolaughter when my question was presented to him. He explained that the situationI mentioned is something quite rare. In cases where it did happen, they didn’tthink that would be a problem since students should have freedom to choose. Inaddition, making a different choice other than coming to this firm doesn’tnecessarily means something bad. The Firm would be very happy to know that anintern went to clerk for a judge since the term for clerkship usually takes oneto three years and most clerks would like to come back to the private practice.If our firm is the one that the he chooses, that would be great. That is true.I read an article a couple of years ago which said that some top law firms inthe U.S. would keep a very close on the clerks and try very hard to persuadethem to join their firms once there were any signals showing that these clerksare considering quitting. The Firm would also glad to hear that an internbecome an in-house counsel. In the Firm’s eyes, that means a potential clientout there. Even in case where an intern went to another law firm to practicelaw, the Firm doesn’t think thatnecessarilymeans he would be an enemy of us since nobody is all-rounded. That intern mayrefer our firm to his client when it is possible. Referral is one of the mostsignificant source of the Firm’s clients.
由此可以看出，博锐律师所在实习生的培养上，充满自信：我就不信你毕业了不愿意来；同时也有长远的眼光和胸怀，不会因为学生毕业不来了而不高兴。他们更愿意发展一种长远而持久的关系，不来不代表我们就是敌人，我们还可以是合作伙伴、潜在的客户、未来的同事。做律师，做法律行业，人脉是最关键的。
John’s response shows us that BlankRome is quite confident in the cultivation of the interns. They firmly believethat they are attractive enough and interns would choose them after graduation.With the view and mind of looking at things in long run, they won’t feelunhappy when interns don’t choose them. What matters to them more is how to developa sustainable and long-term relationship. Not choosing them doesn’t mean we areenemies. Rather, chances are that we may become partners, potential clients, orfuture colleagues. Connection is the key for legal industry and lawyers afterall.
“关注长远发展而不计较一时一事之得失”这种理念，也可以从博锐律师所对待我们这个实习项目的态度中反映出来。如果说美国法学院JD学生在律师所的实习，至少还存在留下来执业的可能性，我们这一群来自中国的LLM学生，几乎不存在留下来执业的可能性，而且只有短短的两周时间。囿于语言水平和专业背景等因素，也不太可能给律师所的律师们从工作角度提供任何实质帮助。相反，在某种意义上，因为我们的到来，律师所要设计实习方案、专门安排人员给我们进行各种培训、还要负责我们在实习期间的各种费用。那么，究竟是什么动因促使博锐律师所愿意提供这样一个实习项目呢？John说，律师所希望我们在回到中国后，能够与他们保持定期和持久的联系。他们认为：中国的法律服务市场潜力巨大，博锐有意占有一席之地。既然参加实习的学生大部分是律师或者是跟法律实践有关的行业，即便他们不会留在美国执业，但未来一旦有机会寻求美国律师所的合作时，他们一定会首先考虑博锐。我不确定这种愿景实现的几率有多大，是十分之一还是百分之一，但是我确实看到他们为这并不确定的几率而付出的真诚努力。
The idea of looking at things in the long run could also be shown through the attitude the Firm held toward to our intern program. For those American summer interns, possibility does exist that they may choose to practice at Blank Rome. But what about us? Possibility of our staying is almost zero. What’s more, our program lasted for only two weeks. In addition to that, it is almost impossible for us to offer any meaningful help to attorneys in terms of work due to our language barrier and educational background. On the contrary, the Firm must design a schedule, put a lot of human resource into training us, and cover our cost correspondingly. What drives them into offering such a program? John said that they hope that we would stay a long-term and periodical contact with them after we come back to China.Chinese legal service market is huge and Blank Rome would like to occupy a place. Even though we won’t stay in the U.S.，Blank Rome would be their first choice once there were any chance where an American law firm’s help is in need since most of us are practiced attorneys or involved in fields relevant to law. I don’t know for sure to what extent that such a vision would come true. One percent or ten percent? what I can tell is the sincere efforts they have made for such an unsecured chance.
因为关注律师所的长远发展，博锐律师所在对青年律师的培养方面也是不遗余力。
Blank Rome spares no efforts in trainingyour attorneys due to their emphasis on the Firm’s long-term development.
在博锐律师所，从法学院毕业后进入律师所的年轻毕业生被称为junior associate（初级助理律师）。这个阶段的律师主要工作就是案头工作：在高级助理律师的指导和监督下承担法律检索与法律研究、起草合同等工作；入职后3-7年左右，成为senior associate（资深助理律师），此阶段可能会开始较为深入地与客户打交道、参与谈判，直到被晋升为合伙人，独立处理一个项目。
Junior associates are those younggraduates who went into legal practice in law firms right after their graduation. Their fundamental jobs are concerned about paper work. They aresupposed to do legal research and draft contracts under the supervision andguidance of senior associates. Then they will be more involved in deep contactwith clients, negations as senior associates after a couple of years as junior associates before they are elevated to bepartners who can independently handle a project.
在与律师们的交流中，我问及：如果某个助理律师特别擅长做案头工作，但非常不喜欢也不擅长与客户打交道，律师团队是否会长期将该律师固定在案头工作岗位上。律师们肯定地回答，绝对不会。因为所有的青年律师都是照着未来合伙人的目标来培养的，他们应该是full-lawyering的（我理解就是应该具备执业律师所应具备的所有能力和素质），而不是只具备一方面而完全不具备其他方面。对于某个青年律师特别不擅长的方面，该律师的原话是这样的：you may not be excellent to do it, but you have to be good enough to do it.比如说，你不擅长与人打交道，社交能力较弱，就必须要进行培养和训练；当然，训练和培养的目标并不是让你在该方面变得特别优秀，而是让你足够满足工作基本需求。
I had asked them during ourconversations with attorneys: “what if an associate is extremely good at paperwork while he or she dislikes and is extremely not good at dealing withclients? Will the team or group keep him or her at that role responsible for paperwork once for all?” Attorneys’ response was “absolutely no.” They believe that theyoung associates should be full-lawyering since they are all supposed to befuture partners. Being good at only one thing and bad at others can’t servethis purpose. For things that a young associate was not good at, you may not beexcellent to do that. But you have to be good enough to do that. For example,you have to be trained and practice in areas like dealing with people andsocial ability if you are not good at those things. The aim is not to make youexcellent in those fields. Rather, you would be supposed to be good enough tomeet the day-to-day needs in that regards.
在博锐律师所，不但设有帮助青年律师成长的职业专门岗位和人员，青年律师在进入律师所后还会被安排一位导师mentor，从专业角度为他们提供帮助。除此以外，他们还会定期安排和举办各种专业技能培训活动。我和其他几位实习同学就曾参加过一次律师所举办的模拟法庭活动。参加此次活动的是来自全美12间办公室的律师和工作人员们。模拟法庭的材料是以若干年前该律师所代理的一起合同纠纷案件为蓝本形成的，陪审团和证人是由律师所的工作人员及其家属担任的。律师所邀请到了退休的前法官担任模拟法庭的法官。担任双方律师的则是律师所的青年律师助理们。为了做好这次模拟法庭，律师所为每一个律师团队配备了教练，专门指导他们进行训练和准备。这种类似于诊所式的实训方法，对于有效提升青年律师们的执业技能无疑相比纸上谈兵的方式来得更加有效。
Blank Rome offers specialized roles andstaffs who are supposed to assist young associates to grow. In addition, youngassociates will be assigned a mentor once they were admitted into the Firm whowill support them in terms of professional growth. Periodical professionaltraining activities would also be offered to them. Other interns and I had beeninvolved in one of their Trial Academy held by the Firm. Attorneys andemployees from 12 offices of Blank Rome across the U.S. came together to takepart in this activity. The fundamental materials were based on a case handledby their attorneys a couple of years ago. Employees and their family took theroles as jurors and witnesses. The Firm invited retired judges to preside thetrial. Young associates played as the counsels for the parties. The Firmassigned coaches for every team of counsels to guide them in their preparationand training in order to achieve a better outcome. Training young associates ina clinical way is much more effective in terms of effectively developingprofessional skills compared with the armchair strategist.
