I am a lucky guy. I have two true partners in life: my mother and my wife. They each contribute to my happiness in different, but equally vital, ways. To them, I wish a Happy Mother’s Day.
Even though my mom does not know I write this column. When I write things related to my legal practice, I try and send her copies. But she is relatively new to email, and she is always busy between her kids and growing collection of grandchildren. I am not sure she reads what I send her. Nor is she that impressed with any of my career accomplishments. But that is fine, and truth is, she needn’t be. That is not the standard, just as my career accomplishments are not my standard for success in life. It is more important that she take pride in the family I have built, as that is truly my life’s work.
I am not qualified to talk about what being a mom in Biglaw is like (father, yes, as I have been a father for my entire Biglaw career). From observation, being a mom in Biglaw looks very difficult. It is one thing if you are a partner with teenage kids, and you went to law school after your kids reached grade-school age. Biglaw partner moms are generally a rare breed. What I see more often are associates and junior partners struggling to balance the demands of having and raising children with trying to advance in Biglaw. Very rarely are both objectives accomplished. I have tried to think about how I would feel if I was in such a situation. Unsuccessfully. Honestly, even if I was married to Oprah, I could never see myself playing stay-at-home dad, or even having primary responsibility for the children while trying to have a legal career. So I respect the mothers out there that are at least trying….
I have been thinking about how to explain the Am Law 100 rankings to a layman. Quite frankly, there is little use in trying to engage in a productive discussion of the rankings with colleagues. One segment of the Biglaw population is fixated on the fictional profits-per-partner figure, while another marvels at the “global reach” and exploding headcounts of the giga-firms. Some like to talk about the firms they interviewed with in law school, while others only care about the firms that have stronger resources in their practice areas. If you are in Biglaw, or hoping to be, you will come up with your own way of making sense of it all. Have fun.
What is more interesting to me is the following question: How can a normal person relate to this year’s Am Law 100 rankings? Put another way, if I was told that I was eligible for a large cash prize if I could explain the Am Law 100 chart to ten random strangers in a way that was compelling to them, what would I say?
Every Biglaw firm has a leader, or at least a public face — sometimes the chairman, sometimes the managing partner. At some firms, one boss is actually two, co-managing the firm into a future of profitable bliss. Nowadays, most of these “personalities” undergo serious media training, so that the firm’s most recent “report card” can be spun to the legal media in the sunniest of fashions. For some unfortunate firms, frequently mentioned on ATL (whose logos Lat has bookmarked for easy cutting-and-pasting), the head honcho is also a crisis-management aficionado.
And in today’s age of the global Biglaw firm, the boss is well-informed regarding the business-class product of various airlines. They probably have a favorite seat on well-traveled routes. “United to San Francisco from Newark? You definitely want 2B, and tell the stewardess right off the bat that you want the coffee hot when you wake up from your nap.” It has become a Biglaw tradition for the head of the firm to visit every office on at least an annual basis. For the boss, it is a chance to give a nice state-of-the-firm pep talk, and spend some quality time with the one or two partners in that office who really matter. For everyone else, these visits mean everyone needs to get dressed up, look enthusiastic at the partner lunch or post-work cocktails in the conference room, and try to look alert in your office (all day long, unfortunately) in case of an unanticipated visit….
There is a great line in Spielberg’s Lincoln, when the President’s eldest son, Robert, is trying to persuade his father that his place (in what would be the final days of the Civil War) is in the Union army — and not in a Boston lecture hall. Robert tells his father (whom the movie shows peppering his speech to staff members with anecdotes from his time as a country lawyer) that he himself is not sure whether he wants to even be a lawyer. The President replies that law “is a sturdy profession.”
That’s a great line, and an apt description of what a lifetime of service as a lawyer should be. Lincoln was right, and remains right, particularly when lawyers act professionally — meaning that they do their utmost to address the needs and problems of their clients, prepared at any point to elevate their client’s interests above their own.
I know it is just a movie, and perhaps I am too swayed by sentimentality after watching it. But what is the purpose of observing the towering figures of history if not to learn from their inspired worldviews?
Can we say that today’s Biglaw is an exemplar of a “sturdy profession”? Unfortunately, brutal, rather than sturdy, is a more appropriate adjective….
Biglaw competition is getting intense. Everyone is chasing the same clients, while also deploying rearguard actions to protect institutional clients from being poached. Forget about lateral partners taking clients for a moment. I am talking about overt approaches from competing firms regarding existing matters, bearing promises of handling things more cheaply and more efficiently. In-house lawyers, under pressure to contain costs, almost have to listen. They may not act right away, but with each such approach another dent has been made in the Biglaw client-maintenance bumper.
It is no secret that in the face of declining overall demand (especially for the profit-pumping activities like mega-document reviews that were Biglaw’s joy to perform in the past), firms need to aggressively protect market share. While also seeking to grow market share. In an environment where more and more large clients are either (1) reducing the number of firms that they are willing to assign work to or (2) embracing an approach that finds no beauty contest too distasteful to engage in. So partners, at least those tasked with finding work for everyone to do, are falling back on a tried-and-true “sales approach” — putting things on sale.
I asked, and once again the readership delivered. I thought it would be interesting to hear from former Biglaw associates who had been passed over for partnership, and I was happy to receive some thoughtful responses.
As you will see below, and as I discussed in my columns relating to making partner, there are very powerful personal forces at work in these situations. As much as we can learn from our own disappointments, so can we learn from the experiences of others, especially those who have forged ahead despite a setback.
Biglaw can be a brutal business. We need to pause and reflect on the human toll that working in this environment can take….
Conflict checks. A necessary evil in today’s incestous Biglaw, where every partner is a potential lateral, and client loyalty is fickle. Biglaw’s insurance companies demand them, so every firm goes through the motions — at sizable expense, given the size of your typical firm’s “Intake” or “Risk Management” department. Conflicts themselves are an old story, of course. Everyone would be a rainmaker, but for them. Blaming a lack of performance on conflicts is a time-honored Biglaw tradition. But who cares about excuses.
Let’s talk opportunities. There is plenty of information an enterprising Biglaw partner (or partner-aspirant) can glean from the firm’s hourly-daily-weekly conflicts report. Free information, as in not requiring the expenditure of political capital to obtain. (Practice tip: every Biglaw interaction is political in nature. At least you should treat them that way.)
Back to conflict reports. For many, they are simply another email to be skimmed and dragged into “Deleted Items” with all dispatch. A good percentage of Biglaw attorneys probably ignore them outright. That is a mistake. Why ignore a potentially valuable resource and real-time look into the health of your firm? Especially when your other option is to wait for the firm’s executive committee to update you on the firm’s performance — usually using financial metrics that present their own “management” abilities in the best possible light. Associates and other non-partners are not even usually dignified with any such information — but everyone gets a peek at the conflict check.
Last week I wrote about some aspects of client service in today’s Biglaw. Today I want to focus on Biglaw’s embrace of partner de-equitizations and layoffs. These tactics are one of the ways Biglaw has been dealing with the fallout of the Black Death that has struck our industry.
Unfortunately, it seems like this year has gotten off to a bad start Biglaw-wise, in terms of both demand and a continuing lack of creativity by management at nearly every single firm. That brings consequences. Stay tuned. I have already said that I don’t mind if the paunchy mid-section of the Am Law 100 starts embracing a “bottom’s out” approach to the partnership — but at least have the guts to embrace it, not spin it.
I am really starting to dislike the tone that managing partners are starting to adopt when they talk about eliminating partners. Yes, I said eliminate. You may have seen them. Public statements where managing partner X almost gleefully informs the public of the elimination of nearly ten percent of his “partners” in the face of falling revenues. And looks for applause because his firm’s PPP went up $17,000 as a result. Go read some of the recent Biglaw “report cards” for a taste of this rancid stew.
We should be clear about the consequences of such a practice….
Client service. The heartbeat of Biglaw. The area where every firm has to improve. Perpetually. Biglaw hamsters in overdrive. All to make the clients happy. Sit back and admire your Biglaw firm’s willingness to go the “extra mile” by listening to its clients. We might even see a client paraded before our partners once a year. (See my column on improving partner meetings by having guest appearances from clients.)
We are taught happy clients are well-paying clients. And clients that will refer their dissatisfied colleagues at other companies to experience our brand of Biglaw magic. We love clients. Almost as much as the consultants do on House of Lies, a show that provides outrageous, if funny, explorations of the client-service provider dynamic in modern-day America. (A fun business development-training program would involve watching a series of client-interactions from the show and learning from them. Better than listening to Rainmaker X pretend the reason for his multimillion-dollar book was not his maternal grandfather’s business dealings and connections.)
Truly thinking about client service can be all-consuming, especially for a younger partner like myself. No one is giving me clients. I have to fight for them in the marketplace. I love it, but it is difficult and you need patience.
But rather than focus on the process of developing clients, let’s discuss the art of “superpleasing” clients….
We are often fascinated by what we have not yet experienced. I grew up within commuting distance of a lot of great colleges, and never imagined myself one for dorm life. So while high school classmates less enthused with their home situations eagerly availed themselves of the “college visit” experience, I sat it out completely — as in never visiting any school, even the one I ended up at. So “college visits,” at least in the abstract, are interesting to me.
Sure, I enjoyed getting the post-PSAT academic recruiting letters from schools far and wide, and may have daydreamed about attending the University of Hawaii on full scholarship. But it was all just daydreaming. In hindsight, my relative lack of interest in college selection was fine. (And don’t get me started on the sham that universal college education actually is.)
Other kids at my high (-achieving) school, especially those who had given a little more of themselves to meet all the necessary high school academic benchmarks, took the process a lot more seriously. Many were hell-bent on licking the Ivy, or at least landing in some “specialized program” like a BA-MD-MPH degree-fest. So they hit the road, and drove, and flew, and visited. In the end, everyone went to the best school they were able to get into anyway. But they had the experience — of listening to a photogenic upperclassman spout eloquently about the joys of trudging from dorm to library in a howling blizzard. Of visiting a lecture hall with 300 seats, where the first three rows were full with the eager beavers, and the last three full as well with the “learners by osmosis,” while the 150 seats in the middle were as empty as a pre-Strasburg Nationals game against the Marlins in late September. Of seeing the gleaming “rec center” where the students actually looked fit, and seemed to be enjoying permanent recess. In the end, it is all about providing fodder for the daydream: “I could be here, enjoying every minute.”
So what does this have to do with Biglaw? Or law in general?
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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