Biglaw, Boutique Law Firms, Small Law Firms

Beyond Biglaw: Gadflys Wanted?

There's a rare breed of lawyer who is not afraid to look at how things are done and propose how to make things better, according to boutique-firm columnist Gaston Kroub.

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Ever heard of Hugo Verweij? You probably have not. But I can almost guarantee that you have heard his work — because he is a sound designer at Apple, responsible for the ringtones on the new iPhone, among other well-recognized sounds. What is interesting about Hugo is that prior to being employed by Apple, he actually was a bit of a gadfly to the company, publicly criticizing the sounds made by the prior iterations of the iPhone. He was even selling a package of alternative “cleartones,” for those Apple customers who also despaired from the ubiquitous cacophony of iPhone ringtones shared by the rest of the world. Apple’s response to his criticism? They hired him. Which says a lot about Hugo, and something about Apple as well. But I can guarantee if he was just a “critic,” and not offering a solution, he would not be at Apple at all.

Hugo’s story is an interesting one, and has something to teach lawyers. While I highly doubt you can land a job at any law firm by publicly criticizing the shop or its lawyers, there is a place for gadflys in the law firm environment. As with anything of true value, such personalities are rare. Playing the gadfly card should be done sparingly, and probably never at all by most lawyers. But some lawyers, especially those who are “born to tinker,” may not be able to resist trying. It can be pulled off successfully, but only when the gadfly is as willing to be a part of the solution as they are willing to point out the problem.

We all know that law firms, even small ones, incorporate a range of personalities. The leaders are those lawyers who are willing to take on the added responsibilities that firm management entails, especially the all-important ego management of their fellow colleagues. There are also those who just want to get their work done, and head off to enjoy whatever personal time is left over. And there are those who like to complain about how things are going, criticizing their colleagues both up and down the chain of command. These people make things more difficult for everyone. Thankfully, we do not have anyone like that in our firm. Hopefully we never will.

As mentioned above, however, there is also a rare breed of lawyer who is not afraid to look at how things are done, and say to themselves and others that it is worth thinking about how to make things better, or even suggest that the firm should experiment with new approaches. These lawyers may or not already be part of the firm’s leadership. If they are not, they are usually taking a big risk speaking up and suggesting that improvements in firm processes are both needed and possible. But the rewards for successfully adopting the role of firm gadfly on occasion can be great as well. The line between gadfly and nag, however, is a thin one.

At a minimum, it makes sense to think long and hard before deciding to embark on a campaign to “improve the firm.” First off, it is important to be realistic about your standing in the firm. If you are a junior partner, for example, it might make sense to discuss the issue and proposed solution with your practice group leader before broadcasting a message across practice group lines to the executive committee and the rest of the partnership. If you are an associate, you need to keep in mind the fact that you are viewed as an employee, not a fellow owner, and be prepared for the possibility that if your suggestions are actually good ones, they might be co-opted without remorse by a partner as one of their ideas.

On top of knowing your “place” within the firm before taking any steps to gadflyhood, it is also important to be mindful of the potential impact of any “solutions” you are suggesting. For example, pushing hard for universal use of client “e-rooms” to allow clients to interact with the firm may not make sense if the firm’s clientele is not used to, or resistant to, interacting with their outside counsel that way. Ultimately, as much as some of us want to make a difference and change things, there is also a need to be sensitive to the fact that certain changes can only be done on an incremental basis — especially in a crusty profession like the law.

If you want to play the role of gadfly, it is of course easier if you are already part of the firm’s leadership — or have the backing of leadership for the initiative you are trying to advance. If you are an outsider to leadership, your margin for error is much smaller. If you are going to criticize, you must deliver at least progress toward a product or service that’s an improvement over the one you chose to call out as not working. Firms do not desire, nor need, lawyers who are quick to criticize — especially when they show even more alacrity in running away from trying to fix the problems they identified.

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What firms need, in contrast, is lawyers who are willing to think about the direction and future of the firm — and invest precious personal time in helping to “innovate” new ways for the firm to succeed. The risk-averse nature of most lawyers suggests that the number of lawyers who will have the courage to even try and speak up is limited to begin with. But the difference between firms that succeed over time and those that find themselves ruing missed opportunities can turn on the willingness of even a fraction of the firm’s lawyers to speak out and suggest new approaches — especially in the hyper-competitive environment the profession finds itself in.

Please feel free to send comments or questions to me at gkroub@kskiplaw.com or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome.

Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique. The firm’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at gkroub@kskiplaw.com or follow him on Twitter: @gkroub.

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