How do you keep a client (or a boss) happy? Be “light.”
Everyone has worked with people who are heavy, and everyone has worked with people who are light. Light is better.
You ask a heavy to do a job, and he says that he will. But you’re not at all sure that the job will actually get done. You call two weeks later to ask for a status report, and you receive back an ambiguous response about what’s happening. As the deadline passes, you ask for the finished product. It finally arrives, a couple of days late.
That’s a heavy load for you, the supervisor, to bear. Multiply that by eight direct reports (in a corporate law department) or 20 associates (working under your supervision at a law firm), and the burden is unbearable. All that heaviness crushes you, and, next time around, you go in search of light people.
Lately the Seventh Circuit has been laying down its pimp hand. Last Friday, for example, Chief Judge Frank Easterbrook declared one Bridget Boyle-Saxton, who allegedly blew deadlines and ignored multiple orders to show cause, “unfit to practice law in this court.” Ouch.
Now, snobs might think, “Sure, Boyle-Saxton might be a well-known Milwaukee lawyer — but she works at a small law firm, apparently with two relatives of hers. What can you expect from such an outfit? This is why people hire the large white-shoe law firms. You pay through the nose, but you expect (and receive) perfection.”
If that’s your attitude, think again. Biglaw just got a big benchslap — from none other than Chief Judge Easterbrook.
Which firm incurred His Honor’s wrath, and for what alleged infraction?
I’ll be giving my “book talk” about The Curmudgeon’s Guide to Practicing Law at The University of Michigan Law School on Monday, March 5, and again at Northwestern University Law School on Tuesday, March 27. If there’s a chance your organization might be interested in that talk, and you’ll be in Ann Arbor or Chicago at the right times, please let me know. We’ll sneak you into the room, and you can get a sense of the topics that I discuss.
Now, the business: You are not a potted plant! When you transmit something, either within a law firm or to (or within) a corporate law department, add value. You are not — or should not be — simply a conduit through which things flow. You don’t impress people with your timidity, and you may well annoy people.
Last week, we looked at why lawyers need soft skills and noted that there’s a general lack of this kind of training for them. Today, we’ll consider some strategies for learning to play nice in the legal sandbox.
As mentioned last week, there are so many different types of soft skills — communication, leadership, management, presentation skills, etc. What does a socially-awkward lawyer work on first? Well, it depends. (Fyi, “it depends” is a great lawyerly response for virtually every situation where you don’t know the answer.)
As with hard skills, the soft skills you should focus on depends on your pre-existing responsibilities and the skills you already have. For the purposes of this post, let’s assume you have none.
Below is a very basic outline of some required soft skills for particular levels of attorney seniority. I’ve listed a few skills listed for each level and a further description of one skill per level, to prevent this post from becoming a mind-numbing two-hour read (as opposed to a mind-numbing five-minute read). It’s a bit of a laundry list, but the idea is to provide a big-picture overview….
Oh, you’re all running here now. You saw the title. Here you come. Click click click. It’s all you want to know. And by you, I mean those who claim to love Biglaw, but would jump to your own place or a smaller firm in a second if you “could make the same money.”
I know when you call me, when you come to my office to discuss the “possibility of leaving,” that it’s the only thing on your mind. Sure, you want your name on the door, more freedom, more client contact. But you just have one real question. One real fear. One real concern. One thing you need to convince your better half of before you make “the jump.”
Everyone talks about how soft skills are important for success. Soft skills, also referred to as people skills, EQ, et cetera, are key to influence, persuasion, karaoke smack-talk, and many other aspects of being a savvy lawyer and advocate. They’re essential for both in-house and law firm attorneys. But what are soft skills exactly?
We often know when soft skills are at play, such as when an employee is confronted by a group of hostile workers and is able to calm them down before they go too far and, God forbid, blog their grievances. Figuring out a definition, though, is kind of difficult. I decided to try asking my social media circles: “What’s your definition of soft skills?” I received many informative responses such as: “the ones I don’t have,” “skills our parents never taught us,” “hmm, that’s a hard one,” and “are we keeping this discussion R-rated and under?” Thanks people, very helpful.
Soft skills are difficult to define, in part because it’s easier to talk about them in relation to what they aren’t — hard skills. Hard skills are the technical information and expertise we need to do our job. Soft skills are basically everything else. Hard skills are quantifiable and more readily measurable. State bars test hard skills. Soft skills are behavioral and more difficult to quantify. Dive bars test soft skills. They involve a spectrum of behaviors, including verbal and written communication, effective management, overall leadership, and how to get the IT guy to fix your computer first. In sum, they’re the behaviors we engage in that impact our overall effectiveness on the job….
I’m writing this wearing my new bifocals. They take some getting used to after years of regular glasses and contacts. But, after watching me examine small print like I was Mr. Magoo, my wife convinced me that it was time to take a symbolic plunge toward middle age. I admit to no small amount of trepidation at the prospect of wearing “old folks” glasses. But the risk of not seeing properly finally outweighed my vanity, and a change had to be made.
And so it goes with some legal decisions in-house. When faced with a dilemma, you weigh the risks versus rewards, and pull the trigger on what you hope is the right decision.
In a company the size of mine, people have performed risk/reward analyses on legal issues for years, down to the proper placement of semicolons in contract clauses. To borrow from the iPhone ads, yep, there’s a committee for that. We have Lean Six Sigma belts of all colors who are subject matter experts in every facet of our business. There are folks with many years of experience, who own any number of policies from which I am to draw when making decisions. It sounds on paper like filling in the blanks will get you where you need to go, but that is far from reality.
In a perfect world, for my job anyway, a Customer would receive a proposed agreement, see the inherent fairness in the document (and the work that went into carefully crafting all those clauses and semicolons), and sign on the dotted line. But sadly, life isn’t perfect, and I have yet to receive a contract back without so much as a redline….
And I want to know when lawyers will stop using opportunities to give referrals as a panicked strategy of covering their asses.
You know what I’m talking about — the “three names” idiocy?
Whether you’re on a list-serv and the 27th “I’m looking for an excellent, aggressive, and inexpensive lawyer” request of the day has donned your computer screen, or someone actually thinks you are worthy of a phone call or email requesting a lawyer to save their life or fortune, let’s just agree to stop being wimps and meaninglessly passing along names, and start giving real referrals.
I know, you were taught this. You never give one name. Why? Because what if it doesn’t work out? Then you’re going to have some sort of imagined problem that someone told you could be very, very bad.
And yes, I know, people like choices. You feel like you’re doing them a service by giving them lawyers from which to choose. But you’re not. You’re just uselessly giving out names.
One of the deep, deep dark secrets (shh) of being successful in small-firm world is your ability to be more than just a paper-pushing, time-keeping drone. The ability to be a “connector” is just as — or more — important than your ability to practice your trade. If you are in a niche practice, there are more people who won’t need your services than will, but that doesn’t mean they shouldn’t have a reason to call you — like the reason that you are the one person who always gives them the best referrals.
Have you received those emails? “I know you don’t do this work, but you always seem to put me in touch with the best people, so I’m now looking for _______.”
If you’re a lawyer, and some of you that read this are, you know it’s time to start trying to convince yourself that you’re going to do wonderful things “next year.”
Advice is readily available on the internet about the proper way to set goals, but as usual, I am here to help you ignore all of that. No reason to go to websites like mindtools.com that begin with a clear shot at Biglaw by stating: Many people feel as if they’re adrift in the world. They work hard, but they don’t seem to get anywhere worthwhile.
Anyway, here is my surefire way to have a great 2012 as a lawyer….
Admittedly, I take on some large issues in this column. But this is neither a treatise on contract law, nor the forum to attempt one. I am simply attempting to give some pointers for negotiating commercial contracts. I do very much appreciate the emails that I receive that suggest where I missed some salient information, or that offer critiques to some of my strategies. I’ve even used some of them and credited the authors, to the extent they’d allow. Funny thing about this site, most people don’t want to be identified. It’s almost end of year, so here goes:
Let’s say you’re in the heat of a commercial lease negotiation and the customer says to you: “What are these payments in the event of default? Why should I be penalized if your product doesn’t work as it should? Are you telling me that I have no remedies? Don’t you stand behind your products?”
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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