In-house counseling

This is the second part of a series on getting yourself in the door to an in-house position. If it’s not up your alley, read no further. Based on the feedback I received from last week’s entry, this is helpful to some folks out there. Don’t worry, my tell-all book is in the works, and when I’m ready to retire, I’ll regale you with stories of love triangles and hexagons that will make your head spin. Until then, let’s work on getting you that gig in-house.

It is presumed that you worked hard on your resumes and cover letters in law school, vetted them through the career office, and had at least two or more folks review them before sending them out for OCI and beyond. If you’ve been practicing for a while, and are now looking to jump in-house, you’ve likely dusted off your resume and edited it to include the substantive work you’ve done, your many court appearances, and your list of mega deals that you’ve brought to completion. Or not. The reality may be that you don’t have all that much “sexy” work to list on your updated resume.

This may not be a problem…

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Ed. note: This post is by Will Meyerhofer, a former Sullivan & Cromwell attorney turned psychotherapist. He holds degrees from Harvard, NYU Law, and The Hunter College School of Social Work, and he blogs at The People’s Therapist. His new book, Way Worse Than Being A Dentist, is available on Amazon, as is his previous book, Life is a Brief Opportunity for Joy (affiliate links).

A law student client — already an MBA — said she needed convincing to drop out of her third-tier school.

I told her to calculate the return on investment for the final three semesters.

She crunched the numbers.

“Debit-wise, I’ve burned $80k in savings and I’m looking at another $100k of borrowed money. On the credit side, I might find a low-salary doc review gig.” She pretended to scratch notes. “So… big loans, interest payments, inadequate cash flow…opportunity cost of 18 more wasted months learning legal mumbo-jumbo followed by the bar exam…”

“In other words…” I egged her on.

“I’d be totally screwed.” She affixed the cap on her pen. “Thanks. I’m convinced.”

I posed the question we were dancing around: “Why are we having this conversation?”

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I won’t say whether I actually heard these conversations or I just dreamt them.

First: The head of the business unit confronted with a new litigation matter:

“This is an outrage! How could they have accused us of this? We want to fight! Fight! Fight!”

“The defense costs will be charged to your business unit, which will reduce your bonus pool.”

“Settle!”

Second: One partner at a law firm — who wants to visit a client, make a presentation, and take the client to dinner — to a second partner — who is the relationship lawyer for the client:

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In the last installment of Moonlighting, we examined the importance of understanding the big picture at work. This week, we’ll consider one method of finding out more about the big picture: asking questions. Not the dumb ones. The good ones. So what are some good questions that can help us to see the bigger picture?

I solicited input from several general counsels, assistant GCs, etc., in different industries and here’s what they came up with. I know, I was surprised they got back to me too. I don’t know whether it had anything to do with the teeny white lie I told them — that they would be compensated for their answers with untold riches and fame — it’s a mystery. But here is what they said…

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Once you’ve decided — either on your own, or with the help of your law firm review — to make the move in-house, what do you do next? The first thing to decide upon is a method to your madness. Disclaimer: If you’ve been engaged in a search for some time, or you are happily ensconced in a position that you love (which is impressive!), my next few columns are not for you. They will be lacking in gossip, or inside baseball stories of life in-house. Because the majority of mail I receive is in regard to the jump to in-house life, I have decided to devote a few columns to the nuts and bolts of making the leap.

There are so many companies of all sizes that looking for an in-house job can make looking for a law firm job seem like child’s play. There are public companies, privately-held entities, government contractors, non-profits, and so on. Start your search by considering company specialty — what the company does needs to match something in your career background. You wouldn’t seek a transactional securities position without any knowledge of the securities laws. It also helps to have at least touched upon the area of law in your private practice. However, it may not preclude you from a position if you’ve not written the latest securities treatise. If the company is a small entity with zero to five current counsel, your general legal knowledge will get you noticed far more than knowledge in a discrete area of law.

Companies of all sizes can be funny animals when looking for legal advisors. The most sought after trait is sound business judgment — something that is rarely discernible in the interview process. It may surprise you, but a less valued item, at least in the business world, is the rank of your law school according to the U.S. News survey….

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Ed. note: This post is by Will Meyerhofer, a former Sullivan & Cromwell attorney turned psychotherapist. He holds degrees from Harvard, NYU Law, and The Hunter College School of Social Work, and he blogs at The People’s Therapist. His new book, Way Worse Than Being A Dentist, is available on Amazon, as is his previous book, Life is a Brief Opportunity for Joy (affiliate links).

Atul Gawande is a medical superstar -– a surgeon at Harvard who’s also a New Yorker magazine writer, and the author of several books. His latest push is for doctors to use checklists to prevent common mistakes during surgery. A scary percentage of the time, it turns out, things grow overwhelmingly complicated in an operating room and a nurse or an anesthesiologist, or a resident (or whoever) gets distracted and forgets to do something basic -– like confirm there’s extra blood in the fridge, or plug that little hose into the machine that keeps you breathing.

It happens. People forget things. Best to err on the safe side, and use a checklist.

The idea comes from aircraft pilots. It turns out they use checklists for absolutely everything — a pilot literally can’t step into a plane without a checklist. Pre-take-off, take-off, pre-landing, landing, and every possible contingency that might happen in-between is assigned a checklist. That’s because when you’re a pilot and you forget something, well… it can be a problem. Kind of like a surgeon.

Or a lawyer….

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Lawyers are great at thinking small — small picture, that is. We’re awesome at details, however painstakingly minor. We sport the “grammar police” badge proudly, even though we know that it’s the dorkiest one out there (wait, except for the “I memorized all of the two-letter words in Scrabble” badge — that one’s slightly dorkier). We find nit-picky, meaningless, hypothetical debates to be “intellectually stimulating,” while the rest of the world sees them as a complete and utter waste of time. And it’s all good. Details are essential to the practice of law. But so is seeing the big picture.

A law firm associate friend once represented a bank on a loan in which the borrower later ended up missing a payment date. Upon learning of the missed payment, he promptly drafted a default notice. When he presented the default notice to the law firm partner, the partner’s reaction was, “Whoa, Nelly… hold on there — no way are we sending any default notice.”

The associate was thinking small picture — how dare the borrower miss a payment to his client! In full gunner mode, he proceeded to take steps to ensure that the bank was paid the monies due (and, by the way, now at a default interest rate — haha!). He was only trying to zealously represent his client, right? Right? The partner, on the other hand, was thinking big picture….

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When I was a kid, before many of you were born, there were ads during Saturday morning cartoons for a program called “RIF” -– an acronym for “Reading is Fundamental.” Started in 1966 in Washington, D.C., it is supposedly one of the oldest non-profit educational programs in existence. I mentioned RIFs in my last column, and trust me, in the corporate world, RIFs are not altruistic attempts to get at-risk youth to read.

RIF stands for “reduction in force” — i.e., layoffs, terminations, downsizing, etc. A RIF can take various forms. For example, a V-RIF, or “voluntary reduction in force,” is when a company offers early retirement or severance packages to certain employees. These are usually offered as a first attempt to reduce work force numbers, and they are the cleanest way to lower the population. At the other end of the spectrum is the I–RIF, or “involuntary reduction in force.” The term is self-defining.

I stated before that I have witnessed an I-RIF period, and that it was awful. By “awful,” I meant that seeing people let go from their jobs was uncomfortable for me, having come from private practice where such reductions were not (at the time) as publicized as they are today. My company handled the situation with as much grace as could be expected, and I honestly believed our then-CEO when she stated that the dignity of our people was at the forefront of how the reduction would take place….

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You may be one of those people who realized early on that law firm partnership is not for you. For me, this was the case even before I started law school. Law was going to be a second career for me, and by the day of my first 1L class, I already had two small children vying for my attention. Surprisingly, having small kids while in law school full time was not easy. You really need to be engaged in your kids’ interests, which can be hard when you’re also trying to dodge Socratic bullets for the first time. There was one semester when it literally took me an entire week to defeat the Elite Four in Pokémon Yellow. Tough times, tough times.

I later went into Biglaw with the understanding that the experience would look good on my résumé, and that I would get what people refer to as “great training.” (And, of course, the money was nothing to complain about, either.) And I actually did enjoy the work. But you can’t work Biglaw hours and expect to just breeze through all of the Pokémon versions — Gold, Ruby, Platinum, Black, etc. — there are so many of them! It’s just not possible, and I will challenge anyone who says it is.

So once you’ve decided that the in-house life is the life for you (or that there’s no way in hell they’ll make someone who’s so obsessed with kids’ games partner), when’s the best time to make the move? Well, it depends….

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February 1, 2012 is a singularly important day to Rush geeks (like me). 2112, get it? I’ve been drumming for over 30 years, and was brought up on trying to play along with Mr. Peart. While I succeeded somewhat in gaining enough chops to play Moving Pictures, Side 1 (back when they had albums, which had sides), and I am proud to say I’ve played some legendary clubs in the Village, the drums never became my end all and be all. Neither did acting, which I tried when I was in my 20s.

When they learn of my distant past, people always ask if I was in anything they’d know — and the answer is that I auditioned for several things they’d know, but since I’m “happily ensconced as an in-house lawyer at a major technology company,” which is impressive, it obviously never panned out. So, as I gaze out my 20th floor window over the lack of snow in upstate New York, my thoughts turn to where I am and where I may be going. Obama gets to give a speech every year on the state of the country, so why can’t I muse about a much smaller universe — the state of the union between me, and others, and the law?

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