Summer associates provide case load relief, but there are risks

As 2023 stretches into the summer months, the change in the season brings with it annual summer associate programs. Hosted by firms across the country, law students, eager for real-world experience and to see private practice up close, dress to the nines and take the first step towards building a successful career.

It is not just law students who enjoy these summer programs. Indeed, many attorneys also enjoy this time of year as law students are able to provide assistance with case matters. These programs for young attorneys-in-training aim to eventually shape the firm’s future growth.

Another reason attorneys enjoy the launch of summer programs is because it usually presents opportunities for social events and gatherings outside the office. These summer associate programs can, however, create some risks for law firms. The risks may arise from the obligation to supervise the inexperienced newcomers. They may also arise out of firm-sponsored social gatherings, especially where alcohol is served.

Firms can take steps to ensure that everyone has a great summer by managing these risks while also supporting their summer associates.

Opportunities for Mentorship

Summer associate programs at many law firms generally serve as an opportunity for firms and attorneys to get to know those select law students that will hopefully join the firm upon graduation and go on to build a career at the firm. For this reason, many firms will help summer associates to develop the tools needed to practice law.

Summer associate programs may include exposing summer associates to different practice areas, utilizing specific mentoring arrangements with attorneys that have varying levels of experience and seniority at the firm, or allowing summer associates to observe court hearings or sit it on calls. In this way, the program can be an invaluable tool in exposing associates to real-world legal settings and teaching them about day-to-day practice.

Supervising Summer Associates

Most attorneys understand that, under the rules of professional conduct, they have a duty to supervise subordinate lawyers and staff. Although summer associates are training to become attorneys, it is important to remember that they are not yet licensed attorneys. Thus, attorneys working with summer associates should be cognizant of their obligations under Rule 5.3 of the California Rules of Professional Conduct, which governs an attorney’s duty to supervise nonlawyers.

Under the Rule, attorneys and firms are generally obligated to take “reasonable efforts to ensure” that the summer associate’s conduct is compatible with the supervising attorney’s professional obligations. A summer associate, like any other nonlawyer under an attorney’s supervision, also may not be forced to act in a way that the attorney is otherwise prohibited from doing by the professional conduct rules. Rule 5.3(c)(2) provides that an attorney can be responsible directly for a summer associate’s unethical conduct if the attorney either ordered or ratified the specific unethical conduct, or otherwise learned of the conduct but failed to take “reasonable remedial action” to avoid or mitigate its effect.

Comment to Rule 5.3 recognizes that attorneys “often utilize nonlawyer personnel,” including “law student interns,” and makes clear supervising attorneys should take into account the fact that they have not completed their legal training. Typically firms and attorneys can satisfy this obligation by providing feedback on work performed by summer associates, supervising them, and advising on any ethical issues related to the work. It is not uncommon for some firms to adopt specific training for summer associates that includes both administrative training and “real world” guidance on the practice of law.

Standards of Conduct at Social Events

One of the hallmarks of summer associate programs is the various events hosted to celebrate the summer associates’ arrival and to introduce them to their (hopefully) future colleagues. While these events allow members of the firms to interact in a more casual setting, they can also create risks. This is not to say that firm-sponsored social events should be avoided or scrapped. But by being aware of the potential risks, the firm may be able to take steps to ensure the risks are mitigated or avoided altogether.

One such risk may arise when a person at a firm-sponsored event partakes in the festivities a little too much and, as a result, behaves inappropriately toward others while under the influence. Many firms, to address this type of situation, have policies encouraging attendees not to overindulge at social events. Similarly, firms often encourage attendees to take public transportation or taxis home from events. Other firms may limit the hours of the firm-sponsored event in order to mitigate against the risk of over-indulgence.

Risks of Alcohol or Substance Abuse

It is no secret that substance abuse is a persistent struggle for those in the legal profession. According to a recent study, young attorneys are most at risk for substance abuse and have a high risk of becoming “problem drinkers” in comparison to more senior attorneys. This finding cut against the traditional perception of substance abuse in the practice of law, which was assumed to be a more common concern for attorneys who had been practicing longer.

Although firms and attorneys do not breach any ethical obligation simply by serving alcoholic refreshments at events, they nevertheless can take steps to ensure attendees do not drink to excess. Some firms may even choose to educate summer associates on the risks of substance abuse and otherwise provide firm-sponsored support and help for attorneys dealing with substance abuse.

Summer associate programs continue to provide firms and summer associates an opportunity to build long-lasting relationships. Being aware of the potential risks associated with those programs can help firms lead successful programs each summer.