The week before Labor Day is one of my favorite weeks of the year. Has been for a long time. Even during my decade-plus in Biglaw, a fact that may be shocking to those who believe that the Biglaw experience ranges from the tolerable to the miserable — and never enjoyable. But even for those who feel trapped in the ravenous clutches of the insatiable Biglaw billable hours beast, the end of August almost always offers a welcome, if brief, respite. Because late August is prime Biglaw vacation season, and offices nationwide are running on a skeleton staff.
Partners, and even some associates, are trying to squeeze in some family time before the start of school. The younger set is off for a final round of beach weekends, or just enjoying lazy days in the office, relishing the chance to kick out at a normal hour. With time to hit the gym, before a meal in a real restaurant, rather than a Seamless-delivered dinner in a takeout tray. During my Biglaw years, the end of August meant the last few days of commuting down to the Jersey Shore by ferry from Manhattan, with twilight views of the Statue of Liberty and the Verrazano Bridge. Moments of serenity, even in a city of perpetual motion.
The end of summer can be wonderful, and the temptation to milk the most relaxation out of the waning days of the season great. But it would be a mistake to view this period as only one of enjoyment….
Because I’m a glutton for punishment (I’m writing for ATL aren’t I?), every now and then I will trawl through SSRN to see if there is anything worthwhile to read. Usually there isn’t. Mostly it’s stuff like Harry Potter and the Law or whatever. It can be hard finding substantive, interesting material to read among the cruft. The other problem is that the authors are publishing articles in law reviews — which no one reads. It’s far better to submit an article to a blog (or set up your own), if you really want to reach people. I gather the point is not to be read, but instead to have an extra line on your résumé. But I digress.
It is a rather broad study covering a number of issues that arise from the quality of legal writing among new lawyers. In particular how established members of the profession view the writing skills of new lawyers. So how did they fare?
There – I always wanted to write an article that had such a strange title that people would look at it and wonder what I was talking about. So here goes….
Everyone just loves to beat up on the big law firms. I keep reading articles everywhere that say:
They are overpriced.
They are inefficient.
Their partnerships destroy innovation.
They are terrible places to work – sweatshops – associates are worked to death until they quit.
Their business model is broken.
There was even a book that came out a year or so ago with a great title, The Lawyer Bubble: A Profession in Crisis (affiliate link). To me the book described the law business as part of a dying profession that is enmeshed in a conspiracy to ruin the lives of all in it — except the fat-cat senior partners at the top of the pyramid. I admit I read it a while ago and it is a bit hazy in my mind, but the author, a former Kirkland & Ellis partner, clearly is not a fan of the current state of Biglaw….
When starting out, solo practitioners have to find clients. The traditional way, through networking and advertising, will get mixed results. So some think outside the box and try to find new ways to get people’s attention. Some attorneys have fantasized about setting up a hybrid business combining law and something else.
Law practice can successfully complement other work because of overlap. It is not unusual to see attorney/CPAs practicing in the areas of tax, business, and finance. I have also seen estate planning attorneys double as financial planners. And I have seen too many real estate lawyers work as sales agents or brokers on the side.
But once in a while, someone proposes a business that tries to combine law practice with something that seems totally unrelated, such as clothing sales or a bakery (I know some attorneys who have actually proposed these). These ideas sound crazy and in most cases go no further than that. But a brave few have ran with it. And some are seriously considering it in light of the terrible job market.
While I don’t want to wish ill on someone who is legitimately trying to make a living and taking a risk, I think most legal hybrid business plans are not viable. Not to mention sounding silly. Click onwards to find out why…
A few weeks ago, I discussed whether it was possible to go paperless. I want to pick up where I left off and drop a few more tips for how to go paperless and why it’s important. For me, as a solo practitioner, I have to be efficient. It’s how I keep an edge over other small firms and how I level the playing ground with big firms. But, it’s not all about competing with others. I reduce my paper use because I am just way too busy to spend 3 hours doing something that I could do in 30 minutes.
Also, just to be clear, when I say “paperless,” I really mean “mostly paperless.” It is not possible or practical to go entirely paperless in this current decade, but I think that the less paper we use, the better.
Last week’s column discussed the underappreciated role that second chairs play in modern litigation practice. But how best to fill the role, once it is earned?
The easy answer is fanatical preparation. Meaning you will need to prepare for every hearing, no matter how minor, as if you were going to be handling the argument yourself. Or if you are at trial, and supporting another lawyer on the testimony (be it direct or cross) of a witness, preparing as if you were conducting the examination. Apply the “laryngitis test” if you need motivation, as in what would you do if the first chair woke up that morning without a voice? Knowing that you could be thrust into the spotlight on short notice should be motivation enough for thorough preparation.
But you also need to put that preparation to good use. Arguing in open court is difficult, for even the most seasoned advocates. If you are being asked to sit at counsel table, the idea is not for you to admire the wood paneling in the courtroom. The expectation is that you will put your knowledge of the case to work, by anticipating the flow of the argument, and making sure that whoever is arguing has any needed information readily available for immediate use. When your partner is speaking, that means keeping track of whether they will need to refer to a document along the way. Or whether they have forgotten to raise an important point. For that latter reason, working out a non-intrusive note passing system in advance can be worthwhile. The key is not to disturb the flow of the argument, but to enhance its effectiveness. If you have nothing to contribute, you should not be sitting there wasting the client’s money. The need to be “active” does not give license to hijack the hearing or cause distraction, of course. Engaged listening at all times and sparing active participation are the better approach in almost all cases.
Last week, at Minnesota’s Strategic Solutions for Solo and Small Firms Conference, I shared a panel with Lawyerist’s Sam Glover and an innovational speaker, Matt Homann. The panel focused on the future of solo and small-firm practice over the next ten years. Although we all agreed that the solos and smalls — and, indeed, lawyers in general — will face challenges over the next decade, I still believe that opportunities remain for solos who understand these challenges and figure out ways to overcome them.
So, no great surprise there. But all of us on the panel agreed that technology is changing the face of law practice in a way that may expand access to justice but that may also take work from solos and smalls….
One of the first realities that new lawyers come to confront as they graduate law school — whether it be on their own or within a firm — is that clients are the life blood of practice. No clients, no practice.
This often comes as a surprise to new lawyers. Despite the the glut of lawyers, declining legal industry, and overall economic malaise, many new lawyers still think that clients will magically appear once they have received their J.D. and passed the bar. A few months into practice, they are quickly dissuaded of this notion.
Instead, they learn that clients must be developed or found.
“Wait, was that a flash grenade?”
“Oh, now there’s a picture!”
“They arrested journalists… just for being in a McDonald’s?”
“Now the arrested reporters are back online!”
Last night, many of us fixated on our Twitter feeds to follow, in real time, every breaking development in Ferguson, Missouri. The hashtag acted as a latter day, crowdsourced ticker tape keeping those miles away from the town — clear to Gaza — abreast as the peaceful protests brought on a symbolically striking military-style occupation, complete with the use of gas and rubber bullets and the arrest of journalists for performing their constitutionally protected jobs.
That’s what Twitter did that was awesome. Unfortunately, last night also put on display everything awful about Twitter. Everything that people mistake it to be when they set up a handle and broadcast their message to the world in 140 character segments. Others have tackled what Ferguson means in the grand scheme of criminal law and what lawyers should do in response to Ferguson. But there are also lessons to be learned from “#Ferguson” — the cyber place that conveyed the events of Ferguson — and the opinions of casual observers — to the world.
Lessons that all technologically connected lawyers, and frankly everyone, can use….
Over the last four weeks, I continued to apply to various legal jobs and some non-law jobs. As was the case in my previous letter-writing campaigns, most of firms I applied to did not respond at all. But I also received a fair number of rejection letters and emails. This is the fourth-tier reality.
When I was a student and later fresh out of law school, getting rejection letters was devastating. But now that I’m a few years out and run a small practice, they don’t bother me so much anymore. In fact, they gave me the impetus to warn students about going to law school.
Today I will analyze the common and uncommon rejection letters that I received.
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: firstname.lastname@example.org.
Things have changed recently in Korea – a few of our US and UK client firms are looking, very selectively, for a lateral US associate hire. Until just recently, there was not much hiring like this going on in Korea, since US and UK firms started opening offices there. We have already placed two US associates in Korea in the past month at top firms. Most of the hiring partners we work with in Korea do not actively work with other recruiters.
If you are a Korean fluent US associate in London, New York or another major US market, 2nd to 6th year, at a top 20 firm, with cap markets or M&A focus (or mix), or project finance background, and you are interested in lateraling to Korea to a top US or UK firm, please feel free to reach out to us at email@example.com or firstname.lastname@example.org. Our head of Asia, Evan Jowers, was just in Korea recently, and Evan and Robert Kinney will be in Korea in a few weeks. We are in the process of helping several firms open new offices in Korea (a number of which are interviewing our partner level candidates) and also helping existing offices there fill openings.
Professor Joel P. Trachtman has developed a unique, practical guide to help lawyers analyze, argue, and write effectively.
The Tools of Argument: How the Best Lawyers Think, Argue, and Win is a highly readable 200-page book, available for about $10 in paperback or e-book. Chapters focus on foundational principles in legal argument: procedure, interpretation of contracts and statutes, use of evidence, and more. The material covered is taught only implicitly in law school. Yet, when up-and-coming attorneys master these straightforward tools, they will think and argue like the best lawyers.
For most attorneys, time spent managing the books is a necessary evil at best. Yet it is undeniably a crucial aspect of running a successful practice. With that in mind, we invite you to view or download a free webinar by Above the Law and our friends at Clio to learn how to better manage your finances.
Take this opportunity to learn what it takes to streamline your accounting and get the most out of your time. The webinar agenda:
● The basics of accounting for lawyers.
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● Steps to prepare your tax return for your firm’s income.
Do not miss this crucial chance to optimize your accounting practices. Save time and get back to billing!