Last week, I addressed how technological advances and freer access to information can help ex-Biglaw partners like myself transition to a boutique practice without disruption — from the standpoint of being able to conduct a litigation practice in much the same way it was conducted while in Biglaw. As I said, it has become much easier to gain access to the litigation work product of Biglaw firms, for example, reducing Biglaw’s edge in knowledge management over a start-up firm like ours.
Of course, how best to exploit that work product requires training and skill, and to some extent a Biglaw-caliber background to begin with. In other words, the information may be more accessible, but it does not come with an instruction manual. At least when it comes to patent litigation, everyone needs to learn the trade the hard way.
But there is another important area where Biglaw’s edge is eroding….
Q: You can’t just have a bunch of clients with preexisting intentions to kill someone?
A: Yeah, that would certainly make things more risky for the firm.
– An exchange between Above the Law columnist Carolyn Elefant and Daily Show correspondent Jordan Klepper, in a segment about the trend of small law firms offering “self-defense retainer plans” for gun owners.
(Read more and watch the full, funny clip, after the jump.)
Anyone who is a lawyer can relate to the perennial quest to find work-life balance, but this odyssey becomes compounded when you are also the boss. Even though acquiring all of your business, as well as making sure the legal representation you provide is good, determines whether you may be paying your rent in a given month, you have to decide where you draw the line with your clients.
Drawing this line also works to the benefit of your clients, who end up getting more comprehensive and meaningful counsel than through the superficial interaction that not drawing these boundaries may lead to…
The experience of leaving a Biglaw partnership to start a boutique law firm did not allow me to stop thinking about Biglaw. If anything, I think about Biglaw now more than ever. Because the very nesting grounds that I flew away from, IP litigation departments at national and international law firms, are some of my upstart boutique’s biggest competition for new business. And considering our experience with the first five or so cases that our firm has brought, our adversaries as well. Of course, I continue to work with Biglaw firms as co-counsel on some cases as well.
So I think about Biglaw. How it works, and most often how it fights patent cases. For over a decade I was a Biglaw-branded pugilist, and now that I am on the other side of the ring, I am forced to respect but try and beat the Mike Tyson’s Punchout-worthy cast of characters that Biglaw rolls out on behalf of its clients. There are not many Glass Joe’s in the bunch. Which makes it fun.
I would not have left unless I thought that my partners and I would be competitive — both with Biglaw and with the many quality IP boutiques that have come before us and continue to thrive. But as I think back on how IP litigation practice has changed just in the short amount of time that I have been practicing, I take comfort in the fact that the playing field between Biglaw and boutiques has been leveled across a number of fronts. Two areas in particular deserve focus….
* The $160K-Plus Club welcomes its newest member: Duval & Stachenfeld, a real estate firm in NY, is more than doubling its starting salary for associates to $175K. Look for them recruiting at your “tier one” school soon. [New York Law Journal]
* In this economy, bankruptcy firms are being hit hard: Stutman Treister & Glatt, a top L.A. firm that once assisted in cases against Lehman Brothers and Enron Corp. in their Chapter 11 proceedings, is closing up shop. [WSJ Law Blog (sub. req.)]
* “Do I think he thought he was gonna beat it? Yeah.” The district attorney who brought charges against Stephen McDaniel thinks the law school killer was too big for his chainmail britches. [Macon Telegraph]
* From catcalling to “jiggle tests,” NFL cheerleaders have to put up with a lot of really ridiculous stuff. Not being paid the minimum wage is one thing, but having to put up with being groped is quite another. [TIME]
This is not a column about getting bloated Biglaw partners into running shape, as much as many of them need the exercise. Instead, let’s focus on another 10K milestone, one that Biglaw associates chase after, spurred on by a number of incentives, ranging from a simple desire to keep their hard-earned jobs to the burning ambition necessary to even aim for partnership: reaching 10,000 billable hours.
In the popular conception, 10,000 hours of practice at any skill is a critical hurdle to achieving mastery. It does not work that way for lawyers, especially those that start out in Biglaw.
As anyone who has started their career in Biglaw knows, the early years are more about survival than anything else. The most critical skill is adaptability, both in terms of being able to handle the lifestyle stresses presented by the Biglaw junior associate experience, and recognizing just how little law school has prepared one for Biglaw legal practice. In fact, I would say that for purposes of tracking personal progress towards the 10K mark, the first year of Biglaw practice (and maybe two or three depending on whether one is in a firm that “rotates” their juniors to expose them to different practices areas) should be thrown out. Consider that time as the foundation that allows for future productive lawyering if it makes you feel better. And first-years would do well to disabuse themselves of the notion that they will be “contributing” or doing “quality” work. Obviously they need to do their best, and perform up to Biglaw standards, but the hard truth is that the first-year in Biglaw is there to force high-flying and well-credentialed aspiring lawyers to humbly confront two uncomfortable questions. First, do you even want to be doing this? And second, even if you want to, are you good enough?
If you are a solo or small firm who is looking to work with startup companies, you have probably been asked to take equity in lieu of compensation or to set up a deferred payment plan. When you are talking to companies who sound like they may be doing the next big thing, you may believe you are taking an educated gamble.
Yet, when you turn to the economics of being a solo or small firm, the numbers often do not pan out…
Passover is a time for family. Judaism has holidays galore, but Passover stands unique in its family-centric nature. The highlight of the holiday, the seder (literally “order,” due to the specific program of the evening), is by its very nature a family meal writ large. And on Passover, the definition of family is an expansive one for Jews, with the unfortunate or downtrodden as welcome and entitled to sit at the seder table as one’s immediate relatives. The seder itself commemorates the biblical paschal offering, which was by design intended to be consumed in a communal setting, amongst family.
Just last week, I was speaking to a client about Passover, and despite our differences in both age and observance level, we easily agreed that some of our strongest personal memories are anchored in our childhood seder experiences. In my case, the fact that my childhood seders were fortunate enough to have included my grandparents was a special blessing. Especially since they themselves (together with my parents, who were young children at the time) were forced to flee Egypt as refugees, leaving family and possessions behind. Thankfully, they all ended up (my Dad by way of France, hence my name) in this wonderful free country, where opportunity is open to all who are willing to invest in creating it for themselves. For me, the most fulfilling part of making partner in 2009 was being able to share that recognition with my grandfather, who was in the final stages of a heroic decade-long battle with cancer at the time. His courage in leaving the place of his birth, locked in the bathroom of a passenger ship to Italy to avoid detection, paved the way for our family’s rebirth on these shores. Many have similar stories, and those stories make holidays more meaningful, no matter what holiday is being celebrated.
While I was in Biglaw, holidays presented some of the few opportunities I had for uninterrupted family time. I was always grateful to have worked with people who respected my religious observances, and tried my best to minimize the disruption caused by my unavailability….
Joan Jett’s line from her famous song is apropos this week: “I don’t give a damn ‘bout my bad reputation.” Now, this attitude towards your reputation may have been all well and good pre the 24/7 media and social media cycle. Yet, in today’s world, what you do and post on the Internet is part of a permanent digital dossier. I caution any lawyer using social media to take pause and think before you post…
OmniVere’s delivery of end-to-end technology & data consulting to position the company as a true differentiator in the global legal technology and compliance space.
CHICAGO, IL, September 29, 2014 – OmniVere today announced the creation of the company’s technology & data consulting arm and the addition of several industry-renown experts, including the former co-chairs of Berkeley Research Group’s (BRG’s) Technology Services practice, Liam Ferguson, Rich Finkelman and Courtney Fletcher.
This new consulting practice will provide and expand existing OmniVere eDiscovery consulting services to corporations, law firms and government agencies with a special focus on compliance, information governance and eDiscovery. This addition of this top talent now positions OmniVere as a true industry leader in the technology and data consulting space offering best-in-class end-to-end services.
Ferguson, Finkelman & Fletcher are nationally recognized experts and seasoned veterans in the areas of overall technology, electronic discovery, and structured data. At OmniVere, the team will be focused on all global consulting activities with respect to legal compliance, complex data analytics, business intelligence design and analysis, and electronic discovery service offerings.
The Trust Women conference is an influential gathering that brings together global corporations, lawyers and pioneers in the field of women’s rights. Unlike many other events, Trust Women delegates take action and forge tangible commitments to empower women to know and defend their rights.
This year, the Trust Women conference will take place 18-19 November in London. From women’s economic empowerment to slavery in the supply chain and child labour, this year’s agenda is strong and powerful. Speakers include Professor Muhammad Yunus, Nobel Laureate and founder of the Grameen Bank; Phumzile Mlambo-Ngcuka, Executive Director of UN Women; Mary Ellen Iskenderian, President and CEO of Women’s World Banking and many other influential leaders. Find out more about Trust Women here.