After two federal clerkships and several years as a litigator in law firms, David Mowry is happily ensconced as Counsel in Xerox Corporation’s Office of General Counsel. He specializes in commercial leasing transactions, only sometimes misses litigation, and never regrets leaving firm life. You can reach him by email at email@example.com.
In a job market as dismal as this one, you would think that I would advise taking anything you can get. You would be wrong. I recommend carefully weighing the desperate need for a paycheck against the prospect of selling your soul, or at least performing work that you despise.
I am not talking about doc review, or procurement law here. I am talking about going to work for a Catholic organization when you are agnostic, or taking a gig in a firm that does work that is abhorrent to your belief system. It is easy to preach when one has a job, but I am routinely asked about obtaining in-house positions, and my experience (when I was too stupid, or afraid, to say “no”) gives me a certain gravitas when it comes to this issue….
I have heard the ad messages many times: “hire a veteran, hire an older person, hire the handi-capable.” (First commenter to get that last reference wins). As someone who went through a period of “transition” — read: “you’re not going to make partner, you might want to start looking,” I know all too well the difficulty of a job search. And this was before the current down times in hiring. I would say that one of the worst aspects of such a job search is sending off the application packet to unknown, faceless people who likely have a pile of hundreds of such packets to sift through. It’s the faceless part that is the focus of today’s column.
As an in-house attorney, I am fortunate to be on the buy side in one aspect of my job — hiring outside counsel. Firms clamor for our attention (and dollars) and it is nice to be on this side of that fence. Business development is hard. And it sucks. But in our community we have a perfect storm for the idea I am proposing today — we have a large pool of “in transition” attorneys and we have several firms of moderate to large size all wanting business from my company. So I propose the following: we have an event where a pool of these in transition folks are in a room with representatives from the firms, and where face-to-face networking can take place and résumés can be left with actual people…
It was one of those calls where the Customer just wants to vent to someone perceived to be in authority. They are upset at your Company for something or other, and have already taken the sales team to task. Now, it’s your turn. Some might say that the weight of the Customer on your bottom line should determine the amount of obsequiousness you serve. I would argue that in the scheme of things, it really does not matter the size of the Customer, falling on one’s sword can repair damage quicker than a protracted rant session that ultimately devolves into he said, she said.
Judy Sheindlin once told me, “don’t go to law school, the world has enough lawyers.” My response was, “that may be true, but are there enough ‘good’ lawyers.” I posit that the answer is no, there are not enough ‘good’ lawyers. We practice in a field where there is certainly of glut of licensed professionals. And unlike doctors, there is not a constant worldwide need for our services, no matter how self-important we have deluded ourselves to be. I wrote last week about attending the ACC Annual Meeting, and having an enlightened moment of how very much in this field I don’t (can’t) know. Not for want of desire, but because of the evolution of technology, and good old case law.
It made me truly feel for those folks tasked with compliance for their companies….
Arriving home exhausted on the red eye from Los Angeles, site of this year’s ACC Annual Meeting. Tired though I may be, I am refreshed and energized about my job. Sharing a large convention center with in-house counsel of all stripes and from around the world is fantastic. I get to share ideas, learn more about topics that I don’t touch in my everyday practice, and collect a raft of CLE credits. I also get to network to my heart’s content. All of those things are integral to success for today’s in-house counsel.
I have written about the importance of those topics individually over the past years, and the chance to experience them in a three day conference can really change your frame of reference, and refocus your mind on just how much is out there that you don’t know. It’s like the old law school joke about the gunner who came to class not having finished the day’s reading. When asked “why” by the professor, she said, “I kept following the case cites and never got to the end.” There really is that much out there. And after sitting in on a CLE about social media and big data, there is so much more that just keeps on coming…
I have a Phish hangover: scratchy throat from the smoke (“ah, the peat”), deaf in one ear, and “Light” reverberating on earworm replay. It was nice to see a major band come to my little town on a throwback tour of smaller and more intimate venues. It gives one a chance to see the performers up close, take in and appreciate fantastic musicianship, and have a good time with a few thousand of my friends in music. Sometimes smaller is better, and getting a close up view of how things are done can give you an appreciation for the larger machine at work. I tie this to a recent foray into the Sales cycle where I was able to see and hear things in which I don’t usually participate. Yep, I went on a Sales call….
I found today’s piece on contract attorneys interesting, given that I just attended an e-discovery CLE program run by a local firm (Ward Greenberg) last week. The program centered around the practicalities and ethics of e-discovery and the case law surrounding those topics.
I admit to being taken aback at how times have changed since I was utilizing an OCR viewer to review documents while searching for keywords to code. Those were the days. As mentioned in the contract attorney column, doc review was a sure way to meet and exceed billable-hour targets simply by doing essentially monkey work. And the firms were all too happy to bill me at out at hundreds of dollars per hour for looking over repetitive and duplicative documents.
Now that I am in-house, I would have a conniption fit if a firm tried to pull such a stunt — and I don’t think many firms would….
This begins my third year of writing for ATL. I am thrilled that our relationship has flourished, and I look forward to continuing this column for some time. When I read over some of my past columns, I realized that vindication of some of my points of view (poor vetting by JPMorgan, the market falling with the continuing shutdown) feels quite a bit better than having to offer mea culpas. Making mistakes is part of life. Making mistakes in a large and public forum is a good argument for not writing. I closed my comments section fairly recently as I believed that the comments had devolved from intellectual snark to a level above scat humor. Maybe it was the summer that brought out the “challenged.” All I know is that it is good to have a cast of regulars back in the fold, and my comments have been re-opened for weeks.
In the coming year, I am going to be doing more interviewing about in-house life…
I am watching the goings-on in Washington with a sense that the Republicans have simply given up. No matter that they have no sensible argument to shut down the government, no matter who it might hurt in the process, no matter that they are basically conceding the 2014 cycle — it appears that the GOP is imploding. They can natter on and on about how Obama “refuses to negotiate,” the simple fact is that there is nothing to negotiate. There was a bill, on Capitol Hill, it went to the White House and became a law (apologies to Saturday mornings) — and beyond that, the law was upheld as constitutional by one of the more intelligent and well-thought out Supreme Court opinions in my lifetime. There is nothing to debate. Game over. Oh, they can remind me incessantly of the unfairness of universal healthcare, and how ensuring that everyone has access to healthcare is a very bad thing, but just like that time that Gore beat Bush, and the Supremes ruled in a way that changed the outcome, you have to live with this.
But what we don’t have to live with is an irresponsible act by a relative few that impacts the lives of so many. Retribution and punitive measures may not be swift or severe enough, but how I wish we had implemented the act of “caning” in this country.
“The Senate confirmed Todd Hughes for a seat on the Federal Circuit without any opposition. This is what progress looks like: Hughes will be the first openly gay federal appellate judge in U.S. history.” ATL Morning Docket citing BuzzFeed.
It wasn’t planned, but the fact that this site mentioned the above today played to my column in this topic. Who gives two whits that Todd Hughes is gay? Is it really progress? Or just a factoid that gets too far into the personal life of a respected jurist.
I am fortunate to work with an extremely diverse group of people. Not because they are “diverse,” but because they are really good lawyers. The make up of our OGC speaks to the fact that hiring is blind at this company, and it is comforting to know that people get hired on other bases than what they look like, or their sexual orientation….
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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