Lawyers who practice in small law firms are frequently in the media. The reason is simple: the cases we handle are interesting. When’s the last time your local TV station wanted to interview a Biglaw partner about a corporate transaction?
Stories of divorce, crime, ethics violations, catastrophic injuries caused by plane crashes, and whether the building collapse was caused by a construction defect are why Don Henley had a hit with “Dirty Laundry.” (I love the fact I was able to weave in a comment about Don Henley. Big fan.)
At some point, you may get a call from a local reporter because you either have a high-profile client, or the reporter knows you and there is a case in your practice area where your comments are requested.
Let’s begin with the obvious: lawyers like to talk. Lawyers like to talk when lots of people are listening. Lawyers like to get calls about cases. Lawyers like to get calls instead of the other lawyer getting calls. Media appearances are often considered free advertising. One of the best things about media appearances, paper or TV, is that most people don’t remember what you said, just that they saw you or your name. It goes like this: “I saw you in the paper.” “Oh yeah, what did you see?” “I don’t remember, I just remember seeing your name.” Thankfully, no one seems to remember you said something so ridiculous that it made you look borderline incompetent…
* “Going forward, nobody is going to get everything they want. Not Democrats, not Republicans, not me.” What a way to open the door to debate on the president’s newly endorsed bipartisan immigration bill. [New York Times]
* The ACLU is suing the United States over the collection of Verizon phone records, citing a possible “chilling effect” on the people who may contact the ACLU. What an entertaining (and egocentric) cause of action. [Bloomberg]
* When businesses throw cash at judges’ election campaigns, jurists tend to rule in favor of their donors — which is likely why Sandra Day O’Connor called state judges politicians in robes. [Washington Post]
* If it’s not news of layoffs, it’s news of office closures: Dentons partners will vote on whether to close the firm’s doors in Kuwait, and Curtis Mallet-Prevost already got the hell out of the Gulf. [The Lawyer]
* If you want a law school where professors pat you on the head and give you a treat each time you answer a question correctly, use this method to choose your alma mater. [U.S. News & World Report]
* There’s a pretty high probability that you’re a legal procrastinator, so here are some tips to stop the madness. Apparently alcohol isn’t the answer to your problems. Who knew? [WSJ Law Blog (sub. req.)]
* New York City may be trying to defend a ban on sugary drinks that are larger than 16 ounces, but if your milkshake brings all the boys to the yard, it doesn’t matter how big it is. [Associated Press]
I imagine there are a few dozen articles on the internet about “dealing with difficult opposing counsel.” There’s probably some good advice in some of them, but I thought I’d offer my own, as, well, I deal with difficult lawyers and have found a way to cast them into the abyss of irrelevancy, causing them to either question their own disgraceful way of practicing law, or wonder how to proceed next.
First, where I learned how to deal with these self-important blowhards. When I was a young lawyer, I had the opportunity to work on a case where a well-known securities lawyer was involved — he was on our side. I went to see him at his New York office, and after an all-day session with the client, he invited me to dinner. (See what I did there?) He told me the story of an opposing counsel in another case that sent him a “lawyer letter” laying out his position on the case, and making several threats and demands.
My friend responded with a letter of his own. It was two words: “I disagree.”
That dinner taught me two things. One, there is no requirement that your response be as wordy as the initial screed of threats and demands. Two, there is no need to respond in detail to bluster, regardless of who is blustering.
I’ve used this tactic many times. I read every email with this question in mind: “Does this require a response?” I also maintain a philosophy that I practice law my way, not opposing counsel’s way. Just because you yell, doesn’t mean I need to yell. Just because you’re a piece of crap, doesn’t mean I need to join you in the gutter….
Yesterday Elie wrote about the NYU “professor” who twitted a pitiable comment about obese people not being able to obtain Doctorates. The Interwebs had a field day with the comment. And the sociopaths who have every word of this site transmitted to their email just so they can snark went bananas. Two days ago, a comedienne debated a friend of hers regarding the appropriateness of rape humor, and the responsive comments were frankly disgusting. As were many of the comments directed at a Cheerios ad that featured a bi-racial family. Finally, I wrote some weeks ago about the secrecy surrounding mental health issues in our profession, and someone with no medical qualifications likened a psychotic break to over-stress in the workplace. Now, of these examples only two come directly from this site. But all of the hate, misogyny, racism, phobias, etc. are displayed here on a weekly basis. Are you really that stupid?
With a struggling legal economy, lawyers are doing everything they can do to stay afloat. It’s understandable — homes have been bought, cars you can’t afford have been leased, and Taco Bell doesn’t taste as good as it did in school at 3 a.m.
I’ve met with lawyers over the past few years who have told me to send them anything that comes my way that I don’t want. These are real estate lawyers that will now draft employment contracts, and civil litigators who are ready to draft a Will for the asking. (By the way, random question: do you capitalize “Will” when referring to the document? I know I can look it up, but many of you have nothing else to do, so let me know.) I see criminal defense lawyers taking on matters so far out of their practice area that I fear for the clients. Actually, I fear for all these clients.
Back in the day, the so called “country” or “neighborhood” lawyer did what today we pejoratively call “Door Law” (whatever walks in the door). There’s a difference between a lawyer who handles several types of practice areas, and the lawyer who doesn’t, but will in order to make rent. The latter is dangerous…
Pop quiz, hotshot. A federal judge issues an order to show cause that you should be “sanctioned for repeated failure to prosecute cases” and “barred from practicing in this District.” What do you do? What do you do?
The correct answer begins with “responding,” obviously. And when you’re in trouble over “failure to prosecute,” maybe that should light a fire under you to respond thoroughly and on time.
Yeah… this guy didn’t. Instead he provided a detailed, if legally irrelevant, explanation of how he was just too busy to worry about responding on time. Think of this as “Prelude to a Benchslap”…
Talking to my mother in Edmond, Oklahoma on Monday afternoon took a turn for the scary when she told me that Moore had just been hit by another very serious tornado and another one was (click)….
It took me two hours to reach my brother, who also lives near Oklahoma City, and who ironically enough works for a large cellular company. After my ranting about the lack of service that scared the bejeezus out of me, he informed me that while all was well with my family, Moore was devastated — again. I am guessing that some readers were around eight years old in 1999, when Moore was last left resembling Hiroshima in a Technicolor film. I am certain that some residents thought a once in a lifetime storm would never happen again, but it seems that Moore sits on some sort of Hellmouth. That’s the thing with tornadoes, they come out of the blue, there’s nothing you can do to stop them, and your only protection when you have no basement, is to hunker down in a bathtub and pray — and that’s if you’re lucky. It is the same thing with business catastrophes. And while that segue might seem rough at first blush, put in the context of this week’s damage, it makes a certain amount of sense…
Two factions of the legal profession seem louder than the others — those wallowing in the past, the ones spending their days blaming their law schools for forcing them to attend based on the promises of wealth and happiness, and those predicting the future of law who want you to believe that if you know now how the practice will be 10 or 20 or 500 years from now, it will help you today.
So tell me, which one has helped build your practice: whining about the past, or thinking about how things may be in the future?
I like to live in the present, while remembering the mistakes of my past and knowing that the future will eventually be here, and I may not.
But when I talk about the present, how I do things, how people I respect do things, I often hear that “those things don’t work anymore.” You haven’t tried “those things,” but because someone you don’t know seems to have the best crystal ball (at a reasonable price), they know better.
Most of you are looking to make money now, not in “the future of law,” and knowing that in reality, bitching about the past does nothing — even if you are delusional enough to think anyone cares….
I’m not kidding myself that anyone will notice, but I still feel bad about missing my second consecutive post. My trial that was expected to last five days is entering its third week.
Some trials are more demanding than others, and at this point I’m thoroughly stuck in the trenches. Trial days can be awfully long days, and stressful. When you’re going from day to day, just letting it ride, it’s hard to justify taking the time to write a full-fledged blog post.
I’m hopeful that when the dust settles I will be able to extract some helpful takeaways that will provide fodder for future columns. Until then…
Tom Wallerstein lives in San Francisco and is a partner with Colt Wallerstein LLP, a Silicon Valley litigation boutique. The firm’s practice focuses on high tech trade secret, employment, and general complex-commercial litigation. He can be reached at firstname.lastname@example.org.
I try to approach new relationships without an express agenda. In my experience, business has always come from relationships indirectly, and unexpectedly. Looking back at my firm’s engagements with 20/20 hindsight, it is undeniable that positive relationships led to the work. But that was impossible to predict looking forward.
For example, lunch with a casual acquaintance became a friendship and led to a very lucrative engagement when he later developed a conflict. I could not have predicted at the time how the lunch would later lead to important business.
In fact, had I approached the lunch with a strict agenda, I never would have formed the friendship or subsequent business. Instead of meeting with the goal of developing business, I met with the goal of having a nice lunch. It is a well-known irony that sometimes it is easier to get something when you stop trying so hard…
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 six years. You can reach them by email: email@example.com.
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When Chintan Panchal decided to leave a global BigLaw partnership to start his own firm, he could only hope that he would face the high-quality problem of firm building that many had cautioned him about. Focused on the uncertainty surrounding of a new firm launch, he decided to tackle staffing needs, IT challenges, and financial planning requirements after he had built up his legal practice.
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