Ask the Experts

The ATL Interrogatories: 10 Questions with Peter Kalis of K&L Gates

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Ed. note: This is the first installment of The ATL Interrogatories, brought to you by David Carrie LLC. This recurring feature will give a notable law firm partner an opportunity to share insights and experiences about the legal profession and careers in law, as well as about their firms and themselves.

Peter Kalis is the chairman and global managing partner of K&L Gates.

1. What is the greatest challenge to the legal industry over the next five years?

Although I’m tempted to do a passable imitation of a legal consultant and talk about globalization, innovation and the New Normal, all of which are important, in fact the fundamental challenge facing our industry over the next five years and beyond is to preserve the Rule of Law in a world in which an increasing number of globally significant economies have no comparable tradition and in which some governments don’t respect rights of individuals and enterprises. The world, our industry and our profession would be much different if norms we associate with the Rule of Law were defined downward as a by-product of globalization. I know it’s a stretch for an audience focused during difficult times on real and immediate career challenges to shift gears and focus on a seemingly abstract concept such as the Rule of Law. The times tend to divert all of our gazes inward. But there is no one reading this who is more self-absorbed than the least self-absorbed law firm managing partner.

We all need to do a better job when it comes to talking about and vindicating the Rule of Law in our day to day lives. I know that I do. With all of the misguided talk about vocationalism in legal education, moreover, I also worry that our law schools are not pounding away sufficiently at the foundational importance of the Rule of Law or the role of U.S. lawyers, among others, as its missionaries.

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From the Career Files: An Open Letter To The Bosses Of Young Lawyers

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Ed. note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, Alison Monahan offers advice to the bosses of new lawyers.

After writing a few pieces advising young lawyers how to start off on the right foot in their new jobs, it occurred to me that it might be helpful to look at the question from the other angle: If you’re supervising a young lawyer (or a law student in a summer job), what can you do to help ensure a smooth transition?

Here’s some advice for the care and feeding of young lawyers (and lawyers-to-be)….

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From the Career Files: What Should You Take Notes On When Your Professor Won’t Discuss the Law?

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Ed. note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, with the second semester looming, Alison Monahan offers some practical advice for law students dealing with a particularly maddening type of professor.

At some point in your law school experience, you’re likely to encounter a professor who — brilliant though he or she may be — just isn’t that interested in discussing “the law.” Sure, they’ll go on for hours about their pet theory of justice, or an esoteric research problem they’re working on, but good luck getting them to explain how Rule 4(k)(2) works.

This can be a frustrating scenario. (After all, you are paying for LAW school.)

Chances are good they’re not going to change their teaching style (hooray, tenure), but you can develop some coping mechanisms.

Continue reading at the ATL Career Center….

Time for the Law Firm PPM?

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Ed. note: This is a new series from Bruce MacEwen and Janet Stanton of Adam Smith Esq. and JDMatch. “Across the Desk” will take a thoughtful look at recruiting, career paths, professional development, human capital, and related issues. Some of these pieces have previously appeared, in slightly different form, on AdamSmithEsq.com.

Three years ago I published What Laterals Need to Know: A Modest Proposal, which essayed the thought that firms had an obligation to disclose certain information about the firm in advance to a prospective lateral partner.

At the time I wrote, I treated it more or less as a thought experiment, but we now see that shirking that obligation can come back to bite firms with sharp and large teeth right here in the real world, as seen in Henry Bunsow’s high-profile suit against Dewey’s former leadership (accusing them of running a “Ponzi scheme,” and alleging he’s out $1.8-million in lost capital, among other damages). The gist of Bunsow’s action is that Dewey’s leadership painted a misleadingly rosy picture of Dewey’s financial health, and failed to disclose its obligations in deferred compensation. Bunsow further alleges that former chairman Stephen Davis withdrew his own capital investment after he was forced out of his leadership role and “took those funds personally to the disadvantage of the firm and his fellow partners.”

My three-year-old proposal was that firms be obliged to prepare the equivalent of a Private Placement Memorandum for laterals — equally available to incumbent partners as well, of course.

I also noted that the reaction of most readers would probably fall into polar camps: That my proposal was “fascinating” or else “preposterous”….

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From the Career Files: Getting Your Work Done (Part Two)

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Ed. note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, in the second installment of a two-part series (you can read the first part here), Joshua Stein gives some practical advice on how manage your workflow.

When your work feels overwhelming, you can take some specific steps to help break through the panic and get it all finished. The first installment of this article offered about a half dozen techniques. This installment completes the list.

A. Start. If you feel like you have too much on your plate – spilling over onto the table and the floor — sometimes you respond by freezing, not knowing where to start. Or you do know where to start, but you aren’t quite ready. You think about problems that might arise. You keep postponing the pain. But your best strategy will often consist of just starting the job. Even if you’re not quite ready and even if it’s not all lined up nicely, just dig into it. Start anywhere. Of all the suggestions in this two-part article, this one seems the most obvious. But the obvious suggestions are also the ones most likely to get forgotten when you get overwhelmed.

B. The Blank Screen. If you will produce written work, then you don’t need to start writing at the very beginning. That’s often intimidating. Instead, start with your second or third paragraph or a list of the bullet points you intend to cover. Fill out your memo, report, or other project and then go back to the beginning….

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From the Career Files: The Perils of Advocacy

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Ed. note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, from Ross Guberman, a look at lawyers’ ethical breaches and their consequences.

Quick: List all the ways you can get into ethical hot water while writing a brief, and then list all the things judges can do to you in return.

Sometimes lawyers go too far, but do judges ever overreact?

I interviewed Judy Fischer, author of Pleasing the Court (affiliate link), on wayward lawyers and the angry judges who penalize them:

In your short and fascinating book, we meet all sorts of wayward attorneys who are in some way punished by courts for something they’ve done in a brief. One attorney called the members of an administrative board “monkeys” and compared their pronouncements to the “grunts and groans of an ape.” Another attorney neglected to mention an unfavorable case even though he himself was counsel in that case. Yet another referred to opposing counsel as “Nazis and redneck pepper-woods.” And various other attorneys drafted a proposed order with a first sentence that’s nearly four pages long, filed a complaint that the court called a “hideous sprawling mess,” cited a dissent as controlling authority, or copied another lawyer’s brief.

When you compare all these alleged ethical breaches with the penalties they provoked, what are a few of the behaviors that seem to irk judges most?

Read more at the ATL Career Center….

From the Career Files: What to Consider When Considering an In-House Counsel Position (Part II)

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Ed. note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, in the second part of a two-part series, Casey Berman gives some practical advice to attorneys considering a corporate in-house counsel position.

While some are viewed as a valuable resource, many non-lawyers in the company automatically stereotype company attorneys as mere red tape, as an expense, or as an obstacle to be avoided (or derided as the “Department of Sales Prevention”). “Often, lawyers are considered overhead in a corporate situation, and to be a success, it really helps to be able to show how you contribute to the bottom line or at least don’t add significantly to it,” says Katie Slater, former Assistant General Counsel at AEI Services, a Houston based energy company, who now runs Career Infusion Coaching, a career management firm for lawyers.  In-house attorneys always have to manage expectations and demonstrate over time how their legal skill set contributes to the collective goals of the company.

The best way to demonstrate this value is to be able to communicate and express ideas in a quick, clear way in order to give guidance and ideas for next steps. “Bottom-line communication ability — can you say things in three bullet points or less, and in plain English?” says Slater.  “Being able to break down a legal issue simply and coherently to get to why this is an issue from a business perspective is a huge skill that will be valued.  Can you give ‘Yes’ or ‘No’ answers, and, if the answer is ‘No,’ can you come up with alternatives or work-arounds?”

Many business types think lawyers are put on earth to tell them “No.” To combat this, successful in-house attorneys are responsive (even if they are still working on an answer), and provide the business units with alternatives to mull on and consider. This interaction can build trust and shows that the attorneys is indeed on their side and contributing to business persons personal goals and the overall growth of the company.

Read more at the ATL Career Center….

From the Career Files: Getting Your Work Done (Part One)

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Ed. note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, in the first of a two-part series, Joshua Stein gives some practical advice on how manage your workflow.

As your work piles up, you will often feel as if you can’t possibly finish it. Each project seems overwhelming when you think about it in the abstract. And as soon as you start work on a new project, and figure out what it will actually require, it can become even more overwhelming.

This article and its sequel share a few techniques I use to help gain some control over my workflow. Few of these ideas are original, but I’ve included my own variations and suggestions.

A. Managing Everything. You will feel less overwhelmed if you protect yourself from feeling physically overwhelmed by the projects on your plate. For example, don’t cover your desk with piles of active tasks. For each active task, collect the various pieces of paper in a folder. Put all your folders away. Keep a “to-do” list of all your active tasks — every one of them — without writing other reminders to yourself anywhere else. Your to-do list should include everything. My own to-do list consists of a Word document with three columns: client work; other work; and personal projects. First priority tasks go to the top of each list. Some people use Outlook or even dedicated software. In any case, keep track of what you need to do and your priorities in a way that you don’t unintentionally leave anything behind. You should, however, also stay flexible in reordering and adjusting the list as you go. Regardless of format, a to-do list will help you feel more in control of your agenda, inviting you to set priorities and take each job one at a time. It’s far better than living with a chaotic physical mess that constantly taunts you about what you haven’t done….

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From the Career Files: What to Consider When Considering an In-House Counsel Position

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Ed. note: This is the tenth installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, in the first of a two-part series, Casey Berman gives some practical advice to attorneys considering a corporate in-house counsel position.

For many lawyers looking to leave the law firm or explore other legal careers, in-house counsel often arises as a favorite option. Some of these attorneys want to be happy in their job. Others want a job that is anywhere but the firm. Others like the idea of fewer hours and a flexible schedule. And still others are attracted to expanding their responsibilities and broadening their business exposure.

This article explores just what it takes to be an in-house attorney, the expectations and demands of the role, and the potential career paths. While these positions are often coveted and hard to get, it takes critical analysis (of one’s personal skills and the job’s duties) to ensure that this role could be the answer to an attorney’s job hunting prayers.

Read more at the ATL Career Center….

The Best and the Brightest: Some Reflections on Entry-Level Law Firm Hiring

By Bruce MacEwen

Ed. note: This is the first in a new series, “Across the Desk,” from Bruce MacEwen and Janet Stanton of Adam Smith Esq. and JDMatch. “Across the Desk” will take a thoughtful look at recruiting, career paths, professional development, human capital and related issues. Some of these pieces will have previously appeared, in slightly different form, on AdamSmithEsq.com.

As noted in the American Lawyer recently, the lateral recruiting boom of recent years continues unabated. As the Am Law article points out, “At the same time [as they’re focused on hiring lateral partners], firms appear to be homing in on their poor performers. Nine out of 10 survey respondents said their firm has ‘unprofitable’ partners, and seven out of 10 said their firms have partners at risk of being deequitized or ‘put on performance plans.’ As one survey respondent put it: ‘There are too many partners without sufficient billable work.’”

Now, wouldn’t you think it would make sense — if firms are worried about underperformers — to pay some attention to associates as well as partners? After all, some of those associates should, speaking theoretically at least, be your future partners.

Yet there’s unrebutted evidence that firms look at the wrong criteria when hiring associates….

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