We all dream of a world in which collegiality matters.
Partners at law firms are . . . well . . . partners. They look out for each other. They build each other’s practices. They work for the common good.
Perhaps that firm exists. I wouldn’t know.
From my perch here — as the guy who left a Biglaw partnership for an in-house job, and on whose shoulder other Biglaw partners now routinely cry — the view is pretty ugly. (Perhaps my perspective is distorted because of an obvious bias: Partners happy with their firms don’t come wailing to me.) What I hear these days is grim: Guys are being de-equitized or made of counsel; they think they’re being underpaid; they’re concerned that they’ll be thrown under the bus if they ever lose a step.
Several recent partners’ laments prompted me to think about something that I’d never considered when I worked at a firm. (Maybe that’s because I’m one of those guys who was perfectly happy laboring for the common good. Or maybe it’s because I’m a moron.)
In any event, here’s today’s question: I want to wrestle effectively with my own law firm. I don’t want to be nasty; I just want to be sure that I have implicit power when I negotiate with the firm. I want the firm — of its own accord, without me saying a word — to treat me right. How do I wrestle my own law firm to the ground? How do I pin my partners?
Viewing the video might be a criminal offense??? Toto, I’m not in Kansas anymore.
In my mind’s eye, I see scores of college kids at Oxford and Cambridge, six drinks into the evening, saying: “Whoa! That dude got his head cut off?! We gotta Google that!”
And now they’ve committed criminal offenses?
Maybe that’s true over here in England, but I’m pretty sure we’d never stand for that in the United States. It makes me proud to be an American.
(I must say that the news of the second beheading of an American journalist dramatically changed the picture in my mind’s eye. Those college kids have now sobered up, and they’re heading off to enlist.)
For months, we talked to counsel about our prospects in the case. He was sanguine:
“There’s nothing to worry about here. The plaintiff put a huge number in its prayer for relief, but you can’t possibly lose that much. Plaintiff’s liability case is thin, and the damages are inflated. You’ll probably win. If you lose, you’d lose no more than $1 million on an average day. On the worst day known to man, you can’t even theoretically lose more than $5 million. I wouldn’t offer more than a couple hundred grand to settle.”
A few months before trial, we ask counsel to put some skin in the game: “It’ll be expensive to try this case, and you feel good about our prospects. We’d like you to propose an alternative fee agreement that aligns your interests with ours. We’d like to pay you less than your ordinary hourly rates in the months leading up to trial, but we’ll give you a success fee if we win. Please think about it, and let us know if you have any ideas.”
A couple of weeks pass, as counsel discusses the case with his firm’s “senior management.” When the alternative fee proposal arrives, the goalposts have miraculously moved! In the course of just two uneventful weeks, our prospects for success have changed entirely!
When you work at a law firm, you must actually solve problems.
If you’re paid to win a case, you must identify the route to victory and develop the facts that take you there. (“They don’t pay us $15 a minute to lose.”) If you’re arguing an appeal, you must anticipate every possible question and figure out a persuasive answer to it.
There’s no place to hide and no one to whom you can push hard issues.
Not so in a corporation: If an issue is insoluble, just send it to the law department! That puts the matter to rest, and you didn’t have to figure out the answer!
Remarkably, I’ve seen this solution proposed not just by folks who work in-house, but by outside counsel, too . . . .
First, thanks to Baker & McKenzie, DLA Piper, Latham & Watkins, and Ulmer & Berne, all of whom endured my “book talk” about The Curmudgeon’s Guide To Practicing Law when I was recently back in the States.
Second — and proof that my mind is navigating on its own — I recently paused to think about driverless cars.
I suppose that, if you lived (as I do) in a major city that may be road-testing driverless cars before January, you’d be curious about these vehicles, too. (You’d want to consider, for example, whether you should stay on the sidewalk, even if that means walking endlessly in a one-block circle for the rest of your life.)
And if you labored (as I do) in the insurance (or insurance brokerage) space, you’d be scratching your head about what might happen to your industry if billions of dollars of auto insurance premium vanished (or was spent by people other than drivers) overnight. Lawyers for insurers should be thinking about driverless cars.
So, too, should lawyers outside the insurance space. Do you do DWI defense work? Your practice area may not exist in ten years. Do you participate in automotive accident or product liability cases? The world may be about to shift under your feet.
Within the last month, three different people have contacted me to say that they’re approaching retirement, so it’s time to start serving on boards of directors. These folks came to me (of all people!) to network.
By keeping my ear so close to the ground, I’ve discovered the new, new thing. And you’re in luck — I’ll share it with you!
Everyone’s getting old and thinking about retirement.
Or maybe I’ve buried the lede. Maybe hordes of baby boomers are now thinking about finding a part-time job that pays good money and keeps you entertained after you’ve stopped working full-time.
That’s not a bad strategy, really. If you’re industrious, you could serve on four or five boards, carefully analyze the board materials before each meeting, monitor the companies’ fortunes, contribute insights and ask tough questions during the meetings, and follow up after meetings in pursuit of the corporate good.
On the other hand, if you’re less industrious, you could show up for a few board and committee meetings every year, enjoy cocktails and dinner with the boys, sit like a cardboard cutout during the meetings, and pocket a few hundred grand annually for your efforts, . . .
I’ve never met you, but I assume that you’re incompetent.
I realize that sounds a bit harsh, but it’s time someone told you the truth.
Some people assume that strangers are competent. One of my colleagues in our Law Department said to me recently: “Outside counsel says we won’t have much liability in that case.”
I naturally asked, “Is he right?”
She was shocked: “He’s a partner at a well-respected firm. We hired him. I assume he’s competent.”
That got us to talking. My colleague gives strangers the benefit of the doubt; she assumes that people are competent until they prove otherwise. I’m exactly the opposite: When I meet you, my working assumption is that you’re inept. Over time, there’s a chance you’ll convince me that I’m wrong. (But probably not.)
Why do I assume that all new people I meet are incompetent?
No, that’s too easy. Here’s the better question: Why am I right to assume that everyone’s incompetent, and why is that a helpful way to go through life?
I never heard these words before I went in-house: “If you send something to a person above me in the hierarchy, then send a copy to me, too.”
Now I hear (or speak) those words all the time. And those instructions seem pretty easy to grasp.
Remarkably, a fair number of people don’t seem to understand what those words mean.
I offer this column for the benefit of in-house newbies, and in-house oldbies who don’t understand, and lawyers at firms who might want to consider whether these instructions make sense at law firms, too.
If you’re sending something to someone above me in the hierarchy, then send a copy to me, too.
I’m in-house, so Chambers & Partners — one of the outfits that rates lawyers and law firms — sent me a free copy of their 2014 guide.
If you’re profiled in that book, you get to write your own (very short) bio. You get something like 50 words to convince the world to hire you. So what did one person, from the distinguished firm of Bigg & Mediocre, write? I’ll slightly alter the bio, to disguise the guilty, but you’ll get my point:
“Charles Darnay has argued more appeals in the Second Circuit than any other lawyer at Bigg & Mediocre.”
This guy isn’t competing for business with other law firms; he’s trying to steal business from his own partners! His pitch is not: “I’m better than other lawyers in the world.” Instead, it’s: “I may not be better than most lawyers in the world, but at least I’m better than any of the other clowns you’ll find here at B&M.”
Very nice. But that’s not the best of it; Chambers conceals many secrets . . .
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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 seven years. You can reach them by email: firstname.lastname@example.org.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!