But enough of that. Let’s hear from the managing partner of our law firm:
Ah! Orlando in March! What a fine time and place for our annual firmwide retreat.
I want to welcome everyone to this magnificent resort, and I want to take this opportunity to say a few words about a subject that’s dear to our hearts: Billing time.
To paraphrase Sir Thomas More in “A Man For All Seasons“: “When a man [fills out his timesheets,] he is holding his own soul in his hands like water; and if he should open his fingers then — he needn’t ever hope to find himself again.”
For the junior associates in the crowd, consider this: You will, at some point, have a slow month. You’ll get nervous that the firm will punish you for not having billed enough hours. To protect yourself, you’ll be tempted to borrow from the future. You’ll think that, if you add just four hours to this month’s time, you’ll have hit your billing target. If you charge those four hours to your largest client, no one will notice that you’ve slightly padded the bill. And you’ll figure that you’ll make this up to the client in some future month; you’ll work four hours some Saturday morning that you won’t write down, so the client will come out even in the long run. “That’s not really fraud,” you’ll think, so you’ll have eased your conscience. . . .
Personally, I gave up on law reviews in the mid-90s.
For a while after I graduated from law school, I flipped through the tables of contents of the highest profile law reviews, to see what the scholars were saying and to read things that were relevant to my practice. But by the mid-90s, I gave up: There was no chance of finding anything relevant, so the game was no longer worth the candle.
(When I took up blogging about pharmaceutical product liability cases, I began rooting around for law review articles in that field, which could generate the fodder for blog posts for which I was always desperate. Even then, the law reviews rarely offered much that practitioners would care about.)
None of that convinced me that the law reviews were dead, however, because I figured that the academics were at least still relying on the law reviews to screen and distribute each other’s work. But I had dinner recently with an old law school classmate who’s now (1) a prominent scholar in his or her field and (2) a member of the hiring committee at his or her law school. A short conversation with this guy (or gal) convinced me that law reviews are not long for this world. . . .
Some years ago, information technology and research firms realized that they could thrive only by attracting and retaining employees with two very different skill sets. These firms needed both great scientists and great managers.
Great scientists, however, were being undervalued, while great managers were being given too much dignity. In many corporations, the more people under your supervision, the more authority, respect and, often, pay you command. How could IT firms keep pure scientists — who loved thinking great thoughts and creating great inventions, but loathed managing people — happy? Wouldn’t those folks become frustrated as they saw their peers — less able scientists, but great managers — move ahead in the ranks?
Those firms pioneered the idea of creating dual career paths. One path was the standard route to success: Manage people; control a P&L center; prosper.
But the second path was the innovative one: Lead specified projects; work with key clients; generate new ideas; prosper equally!
After the IT firms blazed that trail, sales organizations soon followed suit. Those outfits needed both great sales people and great administrators. So they created dual career paths, offering routes for advancement (and power, and riches, and corner offices, and all the rest) to both types of people.
Isn’t an analogous dual-career-path model worth considering, both at law firms and in-house law departments?
I figured the editor at the NYT might think she owed me one, so I cranked out a replacement piece proposing to reform legal education. I’m pleased to report that this op-ed piece was not preempted! No, no, no: It was rejected on the merits. The editor said that my article made too many points and felt like a “report, rather than an opinion piece.”
But she was wrong. And, in any event, you should judge for yourself.
So here’s my recently rejected op-ed piece proposing how we should reform legal education. (I do believe this is the last in my short-lived series of “crap I wrote for the Times that the Times didn’t publish.” It’s an awful lot of work to produce 1,200-word pieces that become mere fodder for another column here at Inside Straight.) . . .
You really don’t want to be sued in a corrupt, backwater swamp.
No, no! I don’t mean Louisiana! I mean a truly corrupt backwater swamp like, say, Sudan.
(I pick Sudan because it’s subject to sanctions by most first-world countries, so I don’t have to worry about someday being dragged before a Sudanese judge who isn’t tickled by my having called his country a “corrupt, backwater swamp.” I may well pay a price for having tarred Louisiana with that label, but my opening two sentences just wouldn’t have been funny if I hadn’t named a specific state. I’ll have to hope that judges in Louisiana have a sense of humor.)
You get sued in Sudan. You hire Sudanese counsel. You probe him about Sudanese substantive law, Sudanese procedure, and whether the Sudanese judicial system can be trusted. He answers your questions about corruption with vague assurances about how he’s a pretty well-connected lawyer, and most judges aren’t too bad, and corruption isn’t quite as rampant as outsiders seem to think. Then he goes on to explaining how he’ll defend your lawsuit.
That advice may be okay as far as it goes, but it’s missing the global perspective. Here’s one place where in-house lawyers — and sophisticated outside counsel — can add real value in litigation….
I’ve been living in London for almost three months now, so it’s time to declare myself a native. What do natives know about the City?
First: Dryer technology is apparently too tricky for this country. Listen, chaps: A dryer is supposed to dry your clothes.
These folks don’t get it. They’ve invented a washer/dryer thingy: You put your clothes in the machine, press some buttons, and the machine washes your clothes. Without moving your clothes, you then push some more buttons, and the machine spins and makes some noise. At the end of the so-called “dry cycle,” you remove your clothes from the washer/dryer thingy and hang your clothes in the living room to dry.
The United Kingdom is one of eight countries in the world that has successfully detonated a nuclear weapon, but these boys can’t crack dryer technology? What’s up with that?
Hey, maybe that’s an answer! Nuke the friggin’ clothes! They might come out a tad radioactive, but at least they’d be dry, and they wouldn’t be hanging in my living room. Or maybe you could import some dryers from the United States: We’ve got a bunch that work, and we could use the export business.
My mother used to tell me: “Do as I say, not as I do.”
Recently, I had an experience with a UK law firm that could have used a conversation with Mom.
The law firm provided legal advice. Moments later, the firm violated its own advice. I’m sure this happens all the time, but rarely is the offense so vivid.
The substantive advice arises out of the new UK Bribery Act, which UK law firms have been trumpeting as a threat to every corporation everywhere (naturally compelling all corporations to hire outside UK counsel). In the words of one law firm’s brochure: “[I]f a Dutch company has a UK branch and engages in bribery in an Asian or African country, the Dutch company will be criminally liable in the UK under the new law and can be prosecuted in the UK.”
Does that get your attention? It sure got mine . . .
Here’s a management technique for you to consider for legal (or any) projects: Specify the person whose head will roll if the project is not accomplished.
If you’re on a committee of twelve people assigned to a project, the project won’t get done. No one will read the background materials before the committee meets; no one will think hard about how to move the project forward; no one will particularly care if the project concludes. If, months or years later, someone asks why the committee didn’t meet its goals, each member of the committee will point to the others and say, “It wasn’t my responsibility to do anything. We had a committee, and I figured the other guys would do it.”
To avoid this problem, identify the single individual who is responsible for accomplishing each specific task. If everyone knows whose head will roll if the project isn’t finished, then the designated person will take control, move the project forward, and preserve his or her head.
The “whose head will roll” theory of management applies to projects big and small, for lawyers both in-house and outside….
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
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:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
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.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.