Tom Wallerstein
This post is dedicated to William A. Rutter, who passed away last week. If you’re not a lawyer in California, you might not recognize the name. But at least in my world, Rutter is the guy who produced the invaluable and ubiquitous Rutter practice guides, covering a wide range of practice areas and procedures.
If you’re not from California, you might be more familiar with other Rutter creations, like the BAR/BRI prep course he founded, or his Gilbert Law Summaries for law students.
My firm, like most firms in California, has a series of Rutter guides on our shelves. And even though we run a virtually paperless office with Lexis, Westlaw, and other electronic research options, I still love my printed Rutter guides. We even have a joke about Rutter. Whenever a colleague questions their ability to handle a particular matter or solve a particular issue, we joke, “I’m sure there’s a Rutter Guide for that.”
The joke has a serious point, namely, that the basics of most practice areas can always be learned. And if it’s easy enough to learn a practice area, why shouldn’t a lawyer forming a solo practice or small firm become a true generalist; handling everything from family law, wills and trusts, civil, criminal, and essentially whatever walks in the door?
Continue reading “From Biglaw to Boutique: ‘There’s a Practice Guide for That’”
...to take a survey
Later this year, Above the Law will be launching a new, expanded Career Center. The new Career Center will be a resource for students and lawyers at all stages of their careers, and in all areas of legal practice (i.e., not just Biglaw). But we can be sure that news and insight into life at firms and schools will continue to be ATL’s bread and butter. With that in mind, today we open up the ATL School & Firm Insider Survey.
I assume a common reaction will be, “What with — among others — Vault, Chambers, U.S. News, and Am Law, why the hell do we need yet another employer/school survey?” Fair enough. And yes, all of the existing surveys have their merits. All of them produce useful content for students and potential laterals.
We do believe, however, that when it comes to information, the more the merrier. Moreover, the ATL survey is distinctive in some fundamental ways, and we’re going to justify its existence….
Continue reading “Finally… A Survey for Lawyers and Law Students!”
* Extra frothy: Santorum’s trifecta of wins in Minnesota, Colorado, and Missouri has made Mitt Romney angry. Because even a guy who wins nonbinding primaries can be dangerous to a man’s campaign. [New York Times]
* Richard Holwell, the judge who presided over Rajabba the Hut’s case, will be resigning and starting a boutique firm with two partners jumping ship from Kasowitz Benson. [Thomson Reuters News & Insight]
* Joe Amendola claims that evidence is being withheld in his client’s case — evidence like the alleged victims’ phone numbers. Why does Sandusky need those? So he can call and breathe heavily into the phone? [Philadelpha Inquirer]
* Foxy Knoxy’s lawyer is appealing her slander conviction in Italy, claiming that the police “manipulated” her during questioning. You were already cleared of a murder charge, stop pushing your luck. [USA Today]
* It’s really too bad that Lindsay Lohan doesn’t employ Biglaw firms for all of her drama, because given what she’s spent on legal fees in recent years, those prized spring bonuses would assured. [Huffington Post]
Tom Wallerstein
A general counsel recently asked me, “Why should my company risk hiring a lesser-known, small firm?”
I told him that it shouldn’t. I don’t think any company should unnecessarily “risk” its business without good reason. I’ll be the first to admit that there are some matters that simply demand big firm attention.
But I also told the GC that there were many matters that I thought my smaller firm could handle just as well as could a big firm, and with cost savings that would be relatively significant given the amount at stake.
I wouldn’t ask someone to hire me if I thought that doing so was risky for them. A client should not have to choose to lose or win; it needs to make sure the small-firm attorneys have the necessary skill and experience. But with that caveat, some matters are particularly well suited for boutique treatment.
Assuming a client can afford to hire a Biglaw firm for a particular matter, why might it consider a small firm or boutique — beyond the obvious lower cost?
Continue reading “From Biglaw to Boutique: Which is Better for Clients?”
Tom Wallerstein
When Above the Law first covered my “adventure in shingle hanging,” I remember someone quipping that our only business came from attorney referrals and that we didn’t have our “own” clients. The comment wasn’t true, but I still found it interesting. Is a client who pays you money somehow not “your” client, or not a “real” client, just because the client was referred to you by another attorney? That doesn’t make a lot of sense to me.
But it is worth thinking about the different ways that solo and small law firms try to generate business. There is a valid distinction between approaching a prospective client and asking him to engage you, and approaching other lawyers and asking them to refer cases to you. I’m not sure one is necessarily superior to the other, but they are different approaches. I think of them as “direct” and “indirect” client solicitation.
I also distinguish “active” and “passive” methods. An active approach is where you identify your client and solicit them. A passive approach is where you do something that encourages clients to solicit you. Passive isn’t a pejorative; for example, a good website is an important part of passive business development.
So, I think business development efforts can fall into a matrix. Check it out, after the jump….
Continue reading “From Biglaw to Boutique: A Marketing Matrix”
Tom Wallerstein
For some, the phrase “small law firm” implies certain stereotyped practice areas, clients, and attorneys. At its worst, the stereotype invokes unsophisticated clients and matters that are routine and uninteresting. I doubt the stereotype is wholly true anywhere. I know for sure it isn’t true in San Francisco or Silicon Valley.
I know many attorneys in small firms who have specialized, high-end practices. These specialized practices are often called boutiques, and they are perfectly suited to serve the entrepreneurial, high-tech client base that abounds in the San Francisco Bay Area.
Even in the down economy, a number of new ventures were launched in Silicon Valley. Geographically, the high-tech corridor also seems to be expanding, thanks to Twitter, Zynga, SalesForce.com, and the like setting up shop in San Francisco. You don’t even need a Visa or traditional office space to launch a startup anymore; now you can enjoy Peter Thiel’s “Visa-free entrepreneurship and technology incubator on an ocean vessel in international waters.”
It remains to be seen whether we’re experiencing a boom or just another bubble, but I guess it doesn’t matter anyway. I’m not an economist and I’m not making predictions. I am only remarking on some great practice opportunities for smaller law firms which exist here, maybe because we are fortunate to have so many imaginative, passionate, and savvy entrepreneurs working on exciting projects in so many different industries….
Continue reading “From Biglaw to Boutique: Beyond the ‘Small Law Firm’ Stereotype”
I believe the defendant failed a saving throw against berserker, so when he killed those people he didn't know right from wrong.
* Dressing shrinks as wizards when they testify would be an AWESOME idea. I’m serious. Why can’t we have this? And titles, too. “Your Honor, I call Dr. Freud — Ph.D in weakness management and keeper of the sacred staffs of Ivory guard — to the stand.” [Overlawyered]
* iTextbooks! Could be awesome, could widen the gap between the rich and the iPoor. [Adjunct Law Prof Blog]
* Old lawyer accidentally smuggles a gun onto a plane, mainly because security — which noticed said gun — forgot to stop her. TSA doesn’t make us more safe, folks. It just makes us more molested. [Daily Mail]
* Apparently, LLMs go great with Brazilians. The people, not the grooming. Or maybe both — I don’t know, but I was only asked about people. [Live Mint]
* To be clear, putting slavery analogies into our math problems is bad… unless you are a college basketball or football star trying to work out how much you got paid in free tuition for last night’s game, versus how much the university made off of the performance of your team. Then the analogy is “apt.” [CBS Atlanta]
* White people problems, written by a former Cahill Gordon associate who quit to take a job in television. [Funny or Die]
* Additional impressive hires by an elite litigation boutique. How long before MoloLamken ends up on somebody’s hot list? [MoloLamken]
If you’re a bride-to-be — and let’s face it, even if you’re not — you’ve probably seen at least a few episodes of TLC’s Say Yes to the Dress. The show features the goings-on at Kleinfeld, one of the premier bridal salons in New York City, where staff members assist brides in their quest to find the perfect wedding dress.
Imagine our surprise when we tuned in to watch the show, and caught a glimpse of a beautiful lawyer searching for a wedding gown. But this was not just any lawyer — this lawyer used to have an action-packed career as a stunt woman. These days, though, she gets all of her action inside of a courtroom.
So who is this stunt woman turned lawyer? Why did she decide to make such a drastic career change? And how did she snag her husband, the general counsel to a Fortune 500 company?
All of this and more, including some glamorous wedding photos, after the jump….
Continue reading “Here Comes the Bride: Stunt Woman Turned Lawyer Featured on ‘Say Yes to the Dress’”
Tom Wallerstein
Thanks to everyone who has sent me emails; really, I’m flattered. I promise I will get back to everyone. A lot of people have asked me questions. For example:
“I am currently a third-year law student . . . . I am hoping to eventually open my own firm (sooner rather than later perhaps) as I am willing to suffer the first few years of practice and not making money in hopes that I can recoup that years down the road . . . . I do not feel that my best years should be wasted working for somebody else (my opinion of a firm is that they are useful right out of school to ‘learn the trade’ but outside of that the firm benefits more from an associate than the associate benefits from the firm . . . .”
I’ll answer this one publicly:
If you are in law school and you have the choice between working for an established firm — big or small — or working for yourself/starting your own firm, it’s a no-brainer that you should go with the established firm first. You can always leave the firm to pursue your own practice at any time, but the converse isn’t true: Once you go out on your own you might forever lose opportunities you have as a student.
In any event, I disagree that a firm necessarily benefits from an associate more than an associate benefits from the firm. I’ll stick with the only thing I really know: my own personal experience. I wrote in my first-ever blog post that “none of my limited success would have been possible without my Biglaw experience.” I think there are three reasons this is true for me….
Continue reading “From Biglaw to Boutique: Why Wait?”
The other day, I was at dinner with some Biglaw friends. While I prefer to associate only with my small-firm kin, I needed someone to pick up the check. And, I thought I could do some missionary work and convert my friends in to small-firm lawyers (so I could mine them for story ideas, obviously).
Something unexpected happened during dinner. One of my friends asked me why I believe small-firm life is so different from Biglaw. I went through my standard list of reasons: quality of life, money, autonomy, mentoring, etc. I even cited Tom Wallerstein’s Top Ten.
That was where things took an unexpected turn: my friend did not buy it. Indeed, by the end of our dinner he had me questioning my beliefs. Does size matter, I thought? Needless to say, as a woman who has devoted her “career” to writing about small-firm life, this experience shook me to my core.
Let’s see if you can help me make sense of that night….
Continue reading “Size Matters: Crisis of Faith”
Like most of you, I spend my free time trying to come up with a plot idea for Miss Congeniality 3. Indeed, Miss Congeniality and Miss Congeniality 2: Armed and Fabulous were just not enough. It is hard, however, to mess with perfection.
Having reached the limits of my creativity, I decided to look to actual events (and, of course, small law firm news) to serve as the inspiration for my movie plot. And I found just what I was looking for, thanks to a real-life Miss Congeniality and Mr. Social Security.
Intrigued? Check out photos of a certified hottie, after the break….
Continue reading “Size Matters: Plot Idea For Miss Congeniality 3″
Tom Wallerstein
When I started my firm, several mentors gave me the same advice: Don’t work for free. It’s easy to see the problem with working for free. Giving away what you’re trying to sell isn’t exactly in the business plan. Unfortunately, this sage advice can only really be learned the hard way, through experience.
Working for free can arise in many different ways. The most obvious example is a client who wants you to represent him but can only promise to pay you later.
Even if your gut tells you that taking on that client is a bad idea, this can be surprisingly tempting to a new firm or solo practice. For starters, there is such a thrill with getting your first client, or your first “real” client, or your first big client, or your first whatever client, that the excitement can cloud your better judgment. You will be tempted to overlook the red flags that you will not be paid for your work….
Continue reading “From Biglaw to Boutique: Working for Free”
Many law firms send out rather lame holiday cards, cards that marketing guru Ross Fishman would describe as “boring pieces of crap.” Thankfully that wasn’t the case for the eleven finalists in our third annual law firm holiday card contest.
Some of these cards were clever, some were beautiful, and some were funny. All of them were excellent, deserving of recognition and praise for the thoughtfulness and creativity that went into them.
Okay, enough with the sentimental and sappy stuff — you’re lawyers, and you’re competitive. You want to know who won….
Continue reading “ATL Holiday Card Contest: The Winner!”
The field of contenders for our third annual law firm holiday card contest was more impressive than ever. We received numerous nominations, and we thank everyone who participated. It took many hours to review the plethora of submissions.
We could complain about how some of you failed to follow contest rule #3, limiting the contest to “cards that are unusually clever, funny, or cool…. cards with some attitude, with that extra je ne sais quoi.” But we won’t; the holiday spirit has us in a good mood. You are all wonderful!
But some of you are more wonderful than others. Let’s look at this year’s finalists….
Continue reading “ATL Holiday Card Contest: The Finalists!”
To help me get in the holiday spirit, I’ve been catching up on my favorite movies. Some might prefer It’s A Wonderful Life or Miracle on 34th Street, but I can’t get enough of It’s a Wonderful Lifetime and ABC Family’s 25 Days of Christmas. Give me a movie where a D-list celebrity overcomes the holiday blues to discover the meaning of Christmas, the joy of love, and the warmth of family, and I am a happy girl.
After 22 days of non-stop Christmas movie watching, I began to think that only in a movie staring Melissa Joan Hart would someone devote her professional career to tackling an issue she had to overcome. Not so.
Earlier this month, Casey Greenfield, known for her personal battle with child support issues, and Scott Labby, a fellow graduate of Yale Law School, formed the firm Greenfield Labby LLP. The firm’s mission is to serve individual clients “with a focus on family and matrimonial practice, strategic planning and crisis management”….
Continue reading “Size Matters: From Tragedy to Triumph Isn’t Just a Theme in Lifetime Movies (Just Ask Casey Greenfield)”
[We were going to call this post something like "Associate Bonus Watch: Susman Godfrey Beats Cravath Too." But then we felt bad for singling out Cravath for paying unsatisfying bonuses, when so many other Biglaw firms have followed suit. So we went with a tamer title instead.]
Just as it did last year, the powerhouse litigation boutique of Susman Godfrey announced associate bonuses that put the bonus scales of most other firms to shame. Happy Holidays, Susman Godfrey associates!
(By the way, Susman is a firm that celebrates the season in high style. The holiday party of its New York office, catered by acclaimed chef Daniel Boulud, is already legendary, even though it’s of fairly recent vintage.)
So, the Susman bonuses — what are we looking at here?
Continue reading “Associate Bonus Watch: Susman Godfrey Pays Ten-Gallon Bonuses (and Announces New Partners)”
Tom Wallerstein
Yeah, some people thought I might be nuts for leaving litigation powerhouse Quinn Emanuel. But the prospects of starting my own firm and building a practice from the ground up were too compelling to ignore. Nearly two and a half years have passed since Colt Wallerstein LLP opened its doors, and still not a day goes by when my partner and I aren’t humbled by our good fortune and our decision to “trade places”: that is, move from Biglaw to start a litigation boutique in Silicon Valley that focuses on high-tech trade secret, employment, and complex-commercial litigation.
I graduated from law school in 1999, and the legal market was very different then. Getting into a “top” law school pretty much guaranteed a job, and most of my law school friends and I had multiple offers and no real concern about landing a Biglaw job, if that’s what we wanted. Offer rates hovered around 100%, and of course the lucrative summers consisted mostly of long lunches at five-star restaurants, luxury box seats at baseball games, open bars, and very little work.
Those were the days….
Continue reading “From Biglaw to Boutique: Trading Places”
I've seen a million faces, and I've rocked them all.
* If the Americans with Disabilities Act must protect the obese, could we at least have different levels of protection depending on whether or not your “disability” is self-inflicted? Like, if you get your legs shot off in war, that’s one thing, but if your legs crumble underneath your girth on your way to eat more food, that’s a different thing. Hooha. [Ohio Employer's Law Blog]
* Here’s a great question, from Professor Kenneth Anderson: Was a “Wanted: Dead or Alive” poster ever legal? Like constitutionally? I’m not sure, but I’m probably going to go home and play Red Dead Redemption tonight, for old times’ sake. [The Volokh Conspiracy]
* Winston Moseley, the killer of Kitty Genovese, is up for parole. I wasn’t going to say anything and let, you know, other people handle bringing you the news — but something about this story made me think I should speak up. [WSJ Law Blog]
* Getting an attorney job is as hard as it has ever been for law students. Here are some thoughts on how to focus your job-hunting energies. [Tips for Young Lawyers]
* In today’s edition of “Elie Derides Occupy Wall Street,” Elie meets a refrigerator that is quietly having more of an impact on one corporation than any of the protesters. Never underestimate the power of having a demand. [Twitter / @SHGrefrigerator]
* Musical Chairs: Elite boutique Zuckerman Spaeder expands in New York, by bringing in Paul Shechtman, counsel to celebs like Lil’ Kim. [Dealbook / New York Times]
* This is fun. I made the Root 100 again, which means I’m on a list with Jay-Z and John Legend, and I ranked higher than Will Smith. This is kind of like the Cooley Law rankings of black people. [The Root]
Lauren Serafin and Robert Leighton
Chicago sounds like a tough town for romance. Check out the first Courtship Connection date that went down in the Windy City. Let’s hope that future dates go better.
Chitown was also the venue for Serafin v. Leighton. In this lawsuit, a lovely young lawyer, Lauren Serafin, sued her handsome ex-fiancé, Sidley Austin associate Robert Leighton, for “breach of promise” to marry. Serafin alleged that Leighton cheated on her during his Las Vegas bachelor party, with a woman named “Danielle,” and then broke off the engagement — saddling Serafin with almost $63,000 in wedding- and honeymoon-related expenses.
We now bring you an update on this saga….
Continue reading “An Update on Chicago’s Runaway Bridegroom and Jilted Bride”
Last night we wrote about a high-profile lawsuit: 3M v. Lanny Davis. Yes, that’s right: the maker of Post-its and Scotch tape is going after Lanny J. Davis, the noted D.C. lawyer and lobbyist, along with his client, Porton Capital (a group of private investors).
It’s a strange lawsuit, but the allegations in it aren’t new. Similar suits were filed by 3M in June and July, in New York state court. (And one of them is still pending, despite the filing of an action in D.C. federal court.)
The primary parties, 3M and the Porton Group, have crossed swords before. In fact, they’re litigating against each other right now in merry olde England, before the High Court in London. In the U.K. litigation, 3M is being sued by Porton Capital and by the British government (in the form of Ploughshare Innovations, an entity owned by the U.K.’s Ministry of Defence).
According to the Wall Street Journal, Porton and Ploughshare allege that 3M failed to diligently develop the BacLite testing technology, “a product already proved and used in Europe as a cheap and quick way of detecting methicillin-resistant staphylococcus aureus, commonly known as MRSA, a hospital infection.” The reason this is so upsetting to Porton and Ploughshare is that they were contractually entitled to receive royalties from 3M’s sales of BacLite. The plaintiffs in the U.K. case claim that 3M abandoned BacLite less than a year after buying it — after botching the BacLite trials, and declaring the testing technology non-viable — “in order to protect a 3M-developed detection product known as Fastman from the less expensive rival posed by BacLite.”
Got that? Okay. Now, some updates to our prior coverage….
UPDATE (9/2/11, 9:30 AM): An update to our updates: a statement from William A. Brewer III, counsel to 3M, has been added below.
Continue reading “3M v. Lanny Davis: For the Record”
