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?
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, 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.
I spent ten hours in a deposition on yesterday in the office of a large law firm in Los Angeles. Just looking around the room, I noticed two things: 1) they were better dressed than we were, and 2) our computers were so much better than theirs. I stepped out into the hallway and noticed that a lot of their hardware was stuff that a public school would auction off. It reminded me of the first few years of my legal career when I worked in a large law firm. We had all the amenities you could want. All of our legal pads were branded with our firm’s logo, and we wrote on them with pens that had our firm’s logo branded on them. I ate lunch every day in our break room that looked over the ocean. But, when lunch was over, I would go back to my desk and work on Office ’97 on my bulky CRT monitor. This is because large law firms are very big, slow-moving beasts, especially when it comes to technology.
My fellow columnist Nicole Black wrote an article last week about how a small firm is using technology to keep up with Biglaw firms. This is not a fantasy. When I was working at the aforementioned large law firm, my boss told me a story about a solo practitioner. By way of background, we represented a Fortune 500 company, had an army of Ivy League attorneys, and almost unlimited resources. Despite all that, this solo practitioner was able to run circles around us. He was better organized and was able to do things more efficiently. The case we had against him was before my time, so I had no idea if it was true, but the important thing was that, having seen how the sausage was made there, I knew it was absolutely possible.
For years now, there have been cries for more affordable “Access To Justice.” That is, to find ways to provide legal representation to those with low to modest income. From the federal government, to the states, and all the way down to individual counties, there have been a variety of initiatives bandied about that seek to bridge the access to justice gap. Sure there are public defenders, but they are overworked and legal aid is spread thin. So people continue to try new ways to provide affordable legal services. And a few lawyers in Utah think they have an idea to solve the problem…
It used to be that the world of corporate transactions was the sole province of Biglaw. After all, handling complex matters like mergers and acquisitions required manpower and overhead — and lots of it. Well-paid junior associates were an integral part of the process, and the costs of doing business were driven by corporate clients’ expectations of grandiose reception areas and white-glove treatment as proof of both commitment and excellence.
These days, however, technology has leveled the playing field, making it possible for boutique law firms to compete with Biglaw in ways never before possible. Many of these boutique firms, comprised of Biglaw lawyers seeking to practice law on their own terms, have sprung up in the wake of large-firm mergers and dissolutions. Creative thinking and the innovative use of technology have been the keys to their success, allowing these boutiques to reduce overhead costs and run their practices more effectively and efficiently, saving their clients time and money.
Don’t believe me? Well, look no further than Bailey Duquette, a Manhattan-based boutique law firm….
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.
● How legal accounting differs from regular accounting.
● Report and reconciliation issues surrounding trust accounts.
● How to pick and integrate the best accounting tools for your practice.
● 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!
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.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!