It’s been a bad few days for the Church of England. First, it gets slammed for siding with the bankers, rather than the protesters, after its flagship venue, St Paul’s Cathedral, finds itself at the heart of Occupy London. Second, a change to the U.K.’s ancient royal succession laws strikes a blow for its great rival, Rome, as a ban on royal family members who marry Catholics taking the throne is lifted.
Beginning with the Occupy London controversy: the protesters’ original plan was to occupy St Paul’s neighbour, the London Stock Exchange, which nestles alongside the U.K. branch of O’Melveny & Myers on an adjoining square. But they were blocked by the police, forcing them instead to set up camp on the forecourt of the great cathedral (built from the ashes of the Great Fire of London in 1666). At first this seemed like a defeat, as the Church of England played victim, shutting the doors of St Paul’s to visitors for the first time since the Second World War on what it claimed were health and safety grounds.
Four months ago, you revised your company’s policy on employees’ use of social media. The policy said all the right things: When employees use social media, they should respect the rights of others and treat people with dignity; obey the company’s code of business conduct; maintain corporate confidences; and so on.
Unbelievably, some recent communications from the National Labor Relations Board suggest that each of those provisions (except for the “and so on”) could actually cause your company some labor pains. Why?
Here’s the easy part: The National Labor Relations Act protects employees who engage in “concerted activities” for the employees’ “mutual aid or protection.” Those words apply across the workforce and are not limited to unionized employees. An employee acting solely on his or her own behalf is not engaging in “concerted activities.” On the other hand, consider an individual employee who is working with (or on the authority of) other employees, or is trying to induce a group of employees to act, or is bringing group complaints to the attention of management. The NLRA may protect all of those activities, and an employer may violate the NLRA if it maintains a rule that could reasonably “chill employees in the exercise of their” rights.
What does that mean for the three examples suggested in the opening paragraph of this post?
But it’s not an entirely bad thing. Instead of losing talent to a rival law firm, Willkie is losing talent to a top client. Bloomberg LP has decided to beef up its in-house presence, and it’s doing it with a boatload of Willkie attorneys.
Is this a good thing for Willkie? The firm will remain Bloomberg’s outside counsel, but there could be much less work coming from the client.
And Willkie did feel the need to send an email to all their people to make sure nobody freaked out….
Does your company hold employee “social events”? These range from bigger events like town halls, summer picnics, and holiday parties, to smaller, more intimate socials like Friday afternoon ice cream sundae breaks, cubicle-decorating contests, and themed get-togethers. They all have the same goals — encourage a team atmosphere, help boost morale, and announce company information.
Do you think of these events as times for you to relax, stuff yourself with free food, and take a break from work? Do you have a tendency to blow off some of these events as fluffy wastes of time (obviously the lawyers who show up for these aren’t as busy as you are)? If so, that’s a big mistake.
My take is that these “social” events should generally be viewed as “work,” not breaks from work. They’re fantastic opportunities for you to advance your in-house legal career, so just relaxing and having fun at these events means you’re missing out on a lot. Also, let’s be serious here, they’re not really all that fun. I mean, Mardi Gras = fun. A night on the town with your best buddies = fun. Cocktail weenies in the lobby next to the copy room = meh.
So you’ve decided to take the plunge in-house. You have likely had to accept a pay cut. Not the worst thing to have happen, given that you’re about to get your life back. But most in-house counsel do not make the mid-six figure salaries of senior associates, or junior partners.
You can over time, but in general, your salary’s going to drop in exchange for the sanity of a schedule. A “what,” you say? That’s right, a set schedule. In my position, I am aware that quarter end, and especially year end, are going to be extremely hectic times, but the luxury of being able to plan for them is worth every minute. Over the past few years, I have: had dinner with my family most evenings; coached various sports teams for my children; scheduled, and taken, full vacations (sans Blackberry); and enjoyed the holidays, save for New Year’s Eve.
If it’s happened to you, keep reading. If it hasn’t, keep reading anyway. It happens a lot.
It begins with the standard set-up. You feel trapped. Hate your life. Nerves shot. Self-esteem shredded. You know the drill: biglaw.
That’s when the dæmon lover appears. It doesn’t end well.
There’s biglaw hanky-panky and biglaw sexual harassment. There’s also biglaw romantic infatuation. It’s the one you talk about least because you least feel like talking about it. Once you reemerge on the other side and wish it never happened, you never feel like talking about it again.
It’s easy to describe the career path for a junior lawyer at a law firm (even though the path may be illusory for many): Work hard and well and become a partner; work harder and better and become a richer and more powerful partner. Retire. Die.
So long as law firms are growing, that path appears to be available to some percentage of junior lawyers, and all can strive to follow it.
Corporations are different. There’s one general counsel, who probably has six or eight people reporting to her. Unless the general counsel moves on, retires, or dies, none of the lieutenants is moving up. The lieutenants in turn all have six or eight people reporting to them. Unless a lieutenant moves on, retires, or dies, none of the sub-lieutenants is moving up.
What can you do to create a career path for someone who reports to you in a corporation (other than eating poorly and exercising little, which might create an unexpected opening in the ranks)?
La vengeance se mange très-bien froide. Or as a Klingon might say, “revenge is a dish best served cold.”
I’m pretty sure that the administrators at Loyola Law School of Los Angeles didn’t think they were walking into a smackdown when they sent out an email to alumni asking them to update their employment statuses. But smacked they were, down on their heads, as one student’s epic, slightly rambling response to the innocent request just tore up the school for its behavior towards recent graduates.
And this comes from a student who seems to be doing well, despite the challenging economy. You want to know the best way to “get back” at your law school, if you so desire? Send them an email that says: “I am going to be very wealthy here, and I will not be giving a dime to Loyola.”
A lot of people ask me how I ended up in this in-house gig. Oh fine, nobody has asked, but darnit, I’m gonna tell you anyway. And I’ll even include a couple of tips that I think helped me. I’ll assume you’re already familiar with a lot of basic interview tips, such as doing your research, preparing a great résumé, and not picking your nose in front of the receptionist, so I’ll avoid mentioning those.
I like to call the interview process I had for my current job the Shortest Interview Process Ever (SIPE, for short). If you’ve worked at a company before, you’ve probably noticed that companies absolutely love, love, love acronyms and use them all the time. Just FYI, your ability to learn acronym-speak is directly proportional to your success as an in-house lawyer, so feel free to start making up your own and using them on your BFFs!
At one point, after a few years in Biglaw, I called a recruiter I had used before and asked if there were any jobs out there. The recruiter was not happy to hear from me. But this was reasonable because, a few years earlier, he had helped to get me a job offer — that I didn’t take. At that time, I had four job offers (obviously, this wasn’t during the economic hellhole that we’re in right now) and decided to go with one other than his. So understandably, he wasn’t a happy camper to hear from me this time around….
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: email@example.com.
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.