When I first went into private practice, I was doing exclusively criminal defense. A lawyer I didn’t know, who didn’t practice criminal law, got my name and wanted to refer me a case. He told me his client was arrested and asked, because the client only spoke French and he had an assistant that spoke French, if I would come to his office and consult with the client.
Sure, no problem.
I went to his office and sat in his conference room with the client, the assistant/translator, and the referring lawyer. As I went through the substantive and procedural aspects of the case I noticed that the referring lawyer, let’s call him “Joe” (because his name is actually Joe), was taking copious notes.
A couple days later, I called Joe to ask whether the client was going to hire me. “Actually Brian, I was surprised to hear from the client that he wants me to represent him.”
So Joe sat there, listened to my 90-minute road map of how I would handle the case, decided he needed to pay rent, and told the client he could do it. Maybe that was the intention from the beginning; I don’t know. I do know that I no longer allow anyone to take notes during consultations, and I rarely go to someone else’s office to meet with a new client…
I know it’s not popular to write about lawyers doing well, because misery loves company, but the sad truth is, there are lawyers who don’t spend their days blaming their law school for the fact that they should have never thought of becoming lawyers, or trying to figure out how every new “future of law” tool on the internet can bring them clients.
There are lawyers, regardless of what you’ve been convinced of, who are actually making a living off the time and sweat they have put into their practice. These are the lawyers getting multiple calls a week, whose main concern is not counting the days until their worthless LinkedIn connections bear fruit, but how they are going to get all the work done, and if the stride will continue.
So for the whiners out there, the heartbroken dreamers, the ones who believe expressing their anonymous anger on the internet will one day result in something positive, take the week off. I want to talk to the success stories out there in Small-Law-Ville (anyone own that term yet?)….
I just returned from my annual Bar convention. Have you been? Hundreds of lawyers, judges, and a smattering of law students attending meetings, receptions, CLE seminars, and having chance meetings at the real “bar” with opposing counsel — it’s a day or two to realize you’re part of something bigger than your law office.
I know, some of you hate your state Bar. You don’t hang out with “Bar-types” and see no value in spending a day or two running around a hotel and saying hello to lawyers you know and don’t know.
Being involved in my state Bar has been one of the most important components of building my practice…
Lawyers like to say, “I’m a lawyer, not a psychiatrist.”
If you’re dealing with people’s problems, you’re a lawyer and a psychiatrist. While clients understand you are the person hired to try and resolve their legal issues, the not-so subtle secret of a successful practice is a slew of clients that believe their lawyer actually gives a crap about how their legal issues are affecting their personal life.
In small-firm practice, you’re dealing with someone who just got served, or is going through the anxiety of deciding whether to initiate litigation. Your client may be going through the stress of trying to buy a business, or asking you to split up his family. Someone is trying to get her spouse out of jail, while the person in jail is wondering about his future. The type of legal issues that we deal with in small law firms aren’t whether the corporation will have to pay a million dollar fine or whether the bank will have to write off a loan, they’re issues that cause people to lose sleep and sometimes just freak out.
And I know, I get the calls too. Clients want to talk about things that have nothing to do with the legal work I have to do. They ask the same questions that you can’t answer: “When will this be over?” or, “Do you think (this) will happen?” You’re tired of telling the client, “I don’t know, but just be patient.” The client calls and says he “read” this, or “heard” this,” or worse, “My friend had a case like this and…”
Lawyers who practice in small law firms are frequently in the media. The reason is simple: the cases we handle are interesting. When’s the last time your local TV station wanted to interview a Biglaw partner about a corporate transaction?
Stories of divorce, crime, ethics violations, catastrophic injuries caused by plane crashes, and whether the building collapse was caused by a construction defect are why Don Henley had a hit with “Dirty Laundry.” (I love the fact I was able to weave in a comment about Don Henley. Big fan.)
At some point, you may get a call from a local reporter because you either have a high-profile client, or the reporter knows you and there is a case in your practice area where your comments are requested.
Let’s begin with the obvious: lawyers like to talk. Lawyers like to talk when lots of people are listening. Lawyers like to get calls about cases. Lawyers like to get calls instead of the other lawyer getting calls. Media appearances are often considered free advertising. One of the best things about media appearances, paper or TV, is that most people don’t remember what you said, just that they saw you or your name. It goes like this: “I saw you in the paper.” “Oh yeah, what did you see?” “I don’t remember, I just remember seeing your name.” Thankfully, no one seems to remember you said something so ridiculous that it made you look borderline incompetent…
I imagine there are a few dozen articles on the internet about “dealing with difficult opposing counsel.” There’s probably some good advice in some of them, but I thought I’d offer my own, as, well, I deal with difficult lawyers and have found a way to cast them into the abyss of irrelevancy, causing them to either question their own disgraceful way of practicing law, or wonder how to proceed next.
First, where I learned how to deal with these self-important blowhards. When I was a young lawyer, I had the opportunity to work on a case where a well-known securities lawyer was involved — he was on our side. I went to see him at his New York office, and after an all-day session with the client, he invited me to dinner. (See what I did there?) He told me the story of an opposing counsel in another case that sent him a “lawyer letter” laying out his position on the case, and making several threats and demands.
My friend responded with a letter of his own. It was two words: “I disagree.”
That dinner taught me two things. One, there is no requirement that your response be as wordy as the initial screed of threats and demands. Two, there is no need to respond in detail to bluster, regardless of who is blustering.
I’ve used this tactic many times. I read every email with this question in mind: “Does this require a response?” I also maintain a philosophy that I practice law my way, not opposing counsel’s way. Just because you yell, doesn’t mean I need to yell. Just because you’re a piece of crap, doesn’t mean I need to join you in the gutter….
With a struggling legal economy, lawyers are doing everything they can do to stay afloat. It’s understandable — homes have been bought, cars you can’t afford have been leased, and Taco Bell doesn’t taste as good as it did in school at 3 a.m.
I’ve met with lawyers over the past few years who have told me to send them anything that comes my way that I don’t want. These are real estate lawyers that will now draft employment contracts, and civil litigators who are ready to draft a Will for the asking. (By the way, random question: do you capitalize “Will” when referring to the document? I know I can look it up, but many of you have nothing else to do, so let me know.) I see criminal defense lawyers taking on matters so far out of their practice area that I fear for the clients. Actually, I fear for all these clients.
Back in the day, the so called “country” or “neighborhood” lawyer did what today we pejoratively call “Door Law” (whatever walks in the door). There’s a difference between a lawyer who handles several types of practice areas, and the lawyer who doesn’t, but will in order to make rent. The latter is dangerous…
Two factions of the legal profession seem louder than the others — those wallowing in the past, the ones spending their days blaming their law schools for forcing them to attend based on the promises of wealth and happiness, and those predicting the future of law who want you to believe that if you know now how the practice will be 10 or 20 or 500 years from now, it will help you today.
So tell me, which one has helped build your practice: whining about the past, or thinking about how things may be in the future?
I like to live in the present, while remembering the mistakes of my past and knowing that the future will eventually be here, and I may not.
But when I talk about the present, how I do things, how people I respect do things, I often hear that “those things don’t work anymore.” You haven’t tried “those things,” but because someone you don’t know seems to have the best crystal ball (at a reasonable price), they know better.
Most of you are looking to make money now, not in “the future of law,” and knowing that in reality, bitching about the past does nothing — even if you are delusional enough to think anyone cares….
From your only source of knowledge anymore Wikipedia:
“A hobby is a regularly undertaken activity that is done for pleasure, typically, during one’s leisure time. Hobbies can include the collection of themed items and objects, engaging in creative and artistic pursuits, tinkering, playing sports, along with many more examples. By continually participating in a particular hobby, one can acquire substantial skill and knowledge in that area.”
Although unintentional, a hobby is one of the best marketing tools around.
Living in a post-Oprah Show world is tough for people like me. Oprah was the one who convinced many that no matter what happens in your life, it’s not your fault. There’s always how your mother treated you, how you were bullied in third grade, your bad relationships, and, of course, the law school that held a gun to your head while showing you fake statistics and promising a job handed to you at the same time you shake the dean’s hand and receive your degree.
While I believe anyone stupid enough to choose a law school based on their job placement statistics should never, ever, ever, be a practicing lawyer, there are many of you out there. Even though you should run as fast as you can to another profession or career, I want to help you at least try to find a legal job so in a year you can realize that the real problem is that you never wanted to be a lawyer anyway — you were just looking for some easy cash, like everyone promised.
As a favor to you, and for the five-figure fees I receive at ATL for writing this column, I provide these little nuggets of weekly advice which are both appreciated (privately) and excoriated (anonymously). I realize one of the problems that causes seemingly intelligent people with law degrees to respond with unintelligible rants about how I “don’t understand” is that I am actually working, as a lawyer. As misery loves company, there is the notion that because I’m not sitting in my parents’ basement lashing out at the computer screen in an effort to convince people not to go to law school, I am just wrong.
So before you throw in the towel and go to that world of becoming a social media rock star, I want you to know that I’m not the only one out there giving you advice that does nothing but anger you. There’s also Anna Ivey….
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.