From the Editor: For young lawyers at many law firms, it's high season for performance reviews. In the fifth column in our National Law Journal series, "On the Rise: Voices from Young Lawyers," MoloLamken's Eric Nitz writes about how young lawyers can use the feedback they receive in a tough critique. It's the latest column in our series by our 2019 D.C. Rising Stars and other leading young attorneys in Washington and beyond. 

—Lisa Helem, editor-in-chief, The National Law Journal


Any baseball fan or former player has lived through those games. You know, the agonizing ones where nothing seems to go right. The umps don't give your team the close calls. The ball never takes a friendly bounce. And routine fly balls, easy outs on any other day, get dropped.

Lawyers have days like that, too.  At some point, no matter how much time we invest on a matter, or how much research we do, the work product will receive a sharp critique from a more senior lawyer. That criticism, while usually meant to be constructive, can sting.

Just like in a baseball game, it's important to keep a clear head and embrace the positive. Listen first. Then act on that feedback to propel your professional growth. Here are some suggestions for making the most of those learning moments.  

Appreciate the Feedback 

No one enjoys receiving the message that their work did not meet expectations or that it requires improvement. But appreciate where it's coming from. Providing meaningful feedback requires careful thought. And it takes time and energy, both of which are in limited supply with busy senior lawyers. Consider their feedback to be an investment in you, as well as in your organization's future. It may not be easy to see it in the moment, but a detailed critique, however tough, means you are valued.

Evaluate and Communicate  

A constructive, but tough review will help you understand what mistakes were made. But it may require some introspection and follow-up with the person providing the feedback to identify why your work fell short.

Whatever the reason for your tough critique, it's important to understand not only what the problems were, but why those problems occurred. Do not consider the feedback complete with whatever initial comments you receive. Take a little time to consider it.

Then, go back to your reviewer to discuss what you might believe to be the factors contributing to the problems you encountered. Be careful not to sound as if you are making excuses. But providing an earnest assessment of why things went wrong will continue a dialogue that allows you to learn more. It also will demonstrate that you appreciate the feedback and are committed to improving.  

Your goal is to get better. That is a process, not an event. Careful consideration of the feedback and open communication with the person providing it enhances the odds that you will avoid future mistakes.

You Are Not Alone  

No one likes to be told that their work did not measure up, especially lawyers, who are achievers. But brooding over a rough critique or isolating yourself won't help.  

Speak with other lawyers who have overcome similar challenges. They can tell you what worked for them, and identify resources—books, CLE programs, professional coaches—that helped put them on the path to success.

Showcase Your Improvement  

It's easy to shy away from an experience that led to a sharp critique, but don't. Take the opposite approach. Seek out those opportunities.  

If you fell short in your first attempt at writing a U.S. Supreme Court cert petition, figure out what went wrong and be the first to volunteer when the next opportunity to work on a petition arises. You'll have the chance to implement your plan for improvement, prove that you can accept criticism, and grow as a young lawyer. 

Tough criticism is inescapable in our profession. The best lawyers are grateful for mentors and colleagues who offer their unvarnished views, who are willing to invest the time and effort that meaningful criticism requires. The best lawyers embrace those comments, squeezing every conceivable lesson from the comments they receive. They thoughtfully consider how to improve, and they seek out opportunities to showcase that improvement.

Eric Nitz is a partner at MoloLamken and a member of the firm's Recruiting Committee. He represents individuals and companies in white-collar criminal investigations, congressional investigations, and regulatory matters. He has also argued appeals in the D.C. and Federal circuits, and has briefed appeals in the U.S. Supreme Court and numerous courts of appeals.


The National Law Journal will host its annual legal awards honoring the 2019 D.C. Rising Stars and other honorees on October 30 at the Mayflower Hotel in Washington, DC. For more information, visit this site