A retail business owner asked me why I don’t believe in pay-per-click advertising or spending money on SEO strategies for my practice, as it has worked well for his stores. So I asked him: “What would you do if you needed a lawyer?” “I would call someone, get a name, and then look that person up,” he said. “You wouldn’t just do a Google search?” “No, never. After I got a name, I would check out the lawyer’s background, maybe see if he’s written anything that gives him credibility.”
No kids, he’s not talking about cute tweets or postings with links on a Facebook Fan Page. He’s talking about real writing, and he’s talking about getting your name from real people.
Now I know that I’m wrong, don’t know what I’m talking about, and am facing a sure death of my practice by suggesting that there are other ways of getting your name out there besides vomiting all over every social media platform, but it’s okay. When it all dries up, I’m sure I will have plenty of job offers from the wildly successful lawyers of the commentariat.
For those wondering if the life of a lawyer will ever be anything more than keeping track of your Google prowess by taking calls of, “I found you on the internet. How much do you charge?,” I have good news — it can be. There are actually real people out there that are looking for quality. It’s not that they found you first; it’s that they found you after a little research. If you’re going to be the type of lawyer that is found after someone gives your name, you might as well have something on the internet that evidences you have done more than just listen to some unemployed lawyer’s advice on building a practice.
My ideas are all free, and if you’re not afraid to use your real name, you may get some benefit from using them….
Spirit Airlines is a cheap airline. They advertise a “$9 fare club.” They advertise a lot. Their goal appears to be to let everyone know, to create the reputation, that they are the low cost alternative to other airlines – just like you want everyone to know you are the “aggressive” alternative to all other “aggressive” lawyers out there that will “fight” for their clients (free consultations and payment plans available of course as well.). In fact, when you Google “Spirit Airlines,” you get this:
I’ve never flown Spirit, and I don’t know if anyone has actually flown anywhere for $9, but I do know that I’ve never heard anything good about this airline. They call themselves “cheap,” while others say they’re “bad.” They do make a ton of money, which should bring a smile to the growing number of cheap and bad lawyers out there….
Friday night, I attended the first ever Innocence Project of Florida dinner. I was invited by a close, personal Twitter follower board member, and upon acceptance, asked by someone in one of my Google+ circles the Incoming Chair of the Innocence of Project of Florida to turn over a fairly large amount of cash to be a co-sponsor. Apparently, while Holland & Knight was receiving an award for their thousands of hours helping to free the wrongfully convicted, money for the dinner wasn’t pouring in from the establishment. Maybe next year.
As lawyer-type dinners go, it was a little different — poor lawyers representing alleged violent criminals mixed with Biglaw lawyers who spent the last decade doing the same, as well as three dozen judges, the elected state attorney, the appointed United States Attorney, and a slew of law students. Also in the crowd were a half-dozen exonerees. The exonerees included James Bain, who served more time than any other exoneree — 35 years for a crime he didn’t commit. He went to jail when I was four years old, and got out as I was planning a trip for my 40th birthday.
The night had its share of speeches and awards. One of the awards went to lawyer Marty McClain, whose client, Juan Melendez, was there among the suits wearing a t-shirt. Juan spent 17 years, eight months, and one day on death row before being exonerated. Marty’s other client, Frank Lee Smith, couldn’t make it because he died of cancer on death row before being exonerated. At his table was Marty’s high school buddy, actor Tony Shalhoub, who looked like a stalking fan taking pictures on his phone when his lawyer-friend was honored for being poor and a hero. While people were asking Shalhoub for pictures and autographs, he was busy being enamored with Marty….
This week, I was introduced to an IP lawyer. Yawn. Another IP lawyer churning out trademark and copyright applications. Meeting one of them these days is no different than going to a lawyer cocktail hour and meeting yet another “commercial litigator.” (Translated: “I do general irrelevant crap. Where’s the guy with those little spinach things?”)
But I quickly saw in his email that this wasn’t just another IP lawyer:
“My area of practice is intellectual property, but with a twist: I represent technology companies in transactions involving the licensure, commercial exploitation and/or research & development of technologies — that is about 50% of my practice. The other 50% is representing digital marketing agencies, digital production companies, and related businesses in all of their IP and corporate needs. I handle a great deal of work in the area of data privacy rules & regulations, compliance with FTC rules for digital advertising, and matters involving outsourced technology transactions.”
Interesting. Next step is meeting this guy face to face, mainly so I can understand what that email just said. I realize he doesn’t want referrals from every guy in his garage with the next great invention, but although I think I know, I want to learn how and from where he gets his referrals, and how he built his practice.
There’s been a lot written about niche practices. A lot of it has been written by non-practicing lawyers, or those with a niche that they’ve had for five minutes. Although today’s kids would rather hear from those idiots than someone who’s been doing it themselves for a while, I’ll do what I do every week, and offer some advice that may make you less miserable, and cause you to think differently about your practice….
Lawyers often let themselves be abused by clients. After all, the clients pay the fees, and because they pay the fees, they are entitled to behave how they want. Part of being a lawyer is learning that you have to accept clients who treat you and your staff like garbage.
And I’ve never understood that.
Sure, lawyers have clients that are emotional, anxious, demanding, time consuming, or confused, but our job is to try and use the “counselor” part of “attorney and counselor at law,” and help them through the journey as best as possible. Why that has to mean we just take their crap to no end is a ridiculous notion.
Small-firm lawyers are more often the recipients of abusive clients. The fees are usually being paid by an individual or small company instead of by some insurance company in another state. Instead of dealing with a legal issue that affects a whole company, it’s often someone’s marriage, injury, arrest, or contract dispute — something personal. The client has more of a one-on-one relationship with a lawyer and sees that lawyer as the reason for success, and failure.
The reason lawyers think state bars go after small-firm lawyers more than Biglaw lawyers is simple — there are more of us, and Biglaw clients usually (but not always) don’t see the bar disciplinary process as a worthy forum for their issues.
So we get threatened more, asked for fees back more, and often feel under siege by bad clients….
While self-anointed law futurists are competing for who can give the best advice on having a practice-from-laptop-sans-office and remain as small as possible (because happiness practicing law is being alone all day in front of a screen), some lawyers are still considering adding a lawyer as an associate, partner, or of counsel.
The question is, how?
Hiring a lawyer can be expensive, and there’s not always an extra chair next to you at Starbucks, so you’ll probably have to put them somewhere with a wall and a desk. Bottom line is that even when you get too busy to handle everything yourself, the cost/benefit analysis of adding another lawyer can be scary. You’re not just talking salary – but also benefits. And what about if that lawyer brings in business, how should they be compensated?
There’s no one way to do this, so here’s some considerations for those that are contemplating adding on…
When you went to law school or started thinking about starting your own practice, did you have dreams of waking up in the morning, walking down the hall to another room in your house and sitting down to do legal work? Did you hope to bounce ideas off of the dog, or plan strategy watching Matlock re-runs at 2 p.m.?
I’m sorry, I just don’t get this “Do I need an office?” back and forth, in which my “future of law” friends are quick to say “You don’t need an office.”
No, you don’t need an office. They’re right. You also don’t need to wear clothes that make you look respectable. You don’t even have to have any idea what you’re doing. You can work from your computer in your dining room, in shorts, and find answers (some which are correct) to questions like “how to draft a will,” on the internet. Some client, somewhere, will hire you. Maybe a few.
As you build your practice, you can do everything small, cheap, and sloppy. Forget about being downtown or by the courthouse. Forget about having to dress like you want to be hired for important legal work. Forget about building anything of significance. Just stay home and be happy that you’re saving money every month on an office. Way to go. Hopefully you won’t take advice from business owners who know building a business takes investment….
And so last week I wrote about mentors, questioning whether today’s young lawyers considered them crucial to professional and personal development. I questioned whether the high calling of being a lawyer has today been reduced solely to a desire for cash, and as such, nothing more than the hope to be “first” on Google and have a “game changing” web presence.
Which brings me to what you can call “Part II” of last week’s mentoring post, and an example of a lawyer to emulate.
There are certain lawyers that bring to mind a one- or two-word description. David Boies — Bush / Gore, Morris Dees — Civil Rights, Clarence Darrow — Criminal Defense, and when I hear “First Amendment,” I think Marc Randazza.
When I hear “first page of Google,” I can’t name one lawyer, and if I can, it’s not a lawyer that matters, except maybe to a bunch of lawyers looking to be the next internet sensation. Being an internet sensation as a lawyer is no different than having been a yellow pages sensation in the previous generation. Ever seen an obituary of a lawyer that said: “She was respected for her two-page, multicolored ads that were placed ahead of all other lawyers in the yellow pages”?
Marc Randazza isn’t an internet sensation. He’s only got about 275 followers on Twitter (and is therefore clearly on his way out of the profession if you ask any social media expert), but Marc Randazza matters.
Would you like to matter in this profession? Will you ever do anything important — anything that causes others to think of you as “that” lawyer for “that” type of case or issue? Or are you just hoping to win that stupid lawsuit against your law school for forcing you to go there because they promised you a job? Or maybe you’ve just bought in to the lie that to survive as a lawyer, you must vomit all over the internet with whatever your marketer tells you is the latest trick to game Google?
And before the commentariat’s collective head explodes, yes, Marc Randazza is my lawyer. I’m in the group currently being sued by Joseph Rakofsky….
Over the past few weeks, the ugly truth about the generational gap between those who claim the moniker of “Gen Y lawyer” and, well, everyone else, has been raging through the blogosphere. While younger generations have always looked at their elders as “stupid,” and not worthy of listening to, it has never been as much a part of the legal profession as it is now. The Gen Y cheerleading squad of lawyers and their marketers believe there actually is a “revolution” in the legal profession and that if those who have come before don’t get with it and move their practices to the iPad, they (we) will go the way of the dinosaur.
They also think their elders want them to fail, are scared of them stealing clients, and only offer criticism for these reasons. I hate to break it to you kids, but I want you to succeed, and my clients aren’t hiring you. They’re not hiring your website or your Facebook Fan Page. Really, they’re not…
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:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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