A few months ago, I went to an MCLE seminar on cybersecurity. The 90-minute presentation hit topics such as public wifi, cloud computing, thumb drives, and password strength. The goal of the presentation was of course to scare everyone into being more vigilant in their firm policies regarding cybersecurity. The recommendations included:
Never use cloud computing. Always store your data on onsite servers.
Don’t use thumb drives on company computers.
Never use any mobile devices to store firm information (including emails).
After the presentation, we ate dinner, and everyone and my table came to the same conclusion: “Screw that. We are going to use thumb drives while checking our business email on our phones while client files upload to Dropbox.” That’s because some things are just too convenient to give up. As a solo, I might not want a server that I have to maintain. And I like getting my emails on my phone and on my watch because it makes my life easier.
Now, I don’t want to make light of cybersecurity because it is a very serious issue. But, the fact remains that if your data exists in a tangible form, people can steal it and it is vulnerable….
“A few years ago, a lawyer I know had to leave her hometown where she had lived most of her life and move cross country for family reasons. And because she loved her solo practice and the flexibility it afforded her as a mother, and since she is smart and confident, she decided to re-start her solo practice in the new city, thinking it would not be too difficult. But it proved to be much more challenging than she ever thought.”
“Back here, in her hometown where she knew everyone, clients were not hard to come by. In the new city however, she had a lot fewer contacts and even fewer potential clients. And given that back here she had not really had to work too hard to get business, she never really learned about marketing, so that too was new. Eventually, between the Not-So-Great Recession and the challenges of starting from scratch, she finally had to go to work for someone else.”
The article got me thinking: How much of an edge does a lawyer’s hometown — or college or law school town, for that matter — provide in starting a successful solo practice?
It’s easy to get caught up in the day-to-day life of a lawyer. And the longer you are a lawyer, the more it will come to define you – if you let it. But it is a limiting definition, even for the best and brightest of lawyers. Take Marcus Tullius Cicero, likely the most famous lawyer in history. Upon being acclaimed for his skills as a lawyer, it is said that Cicero remarked:
“And yet he often desired his friends not to call him orator, but philosopher, because he had made philosophy his business, and had only used rhetoric as an instrument for attaining his objects in public life. But the desire of glory has great power in washing the tinctures of philosophy out of the souls of men, and in imprinting the passions of the common people, by custom and conversation, in the minds of those that take a part in governing them, unless the politician be very careful so to engage in public affairs as to interest himself only in the affairs themselves, but not participate in the passions that are consequent to them.”
– Plutarch, Cicero, Lives of the Noble Grecians and Romans (c. 75-100 AD), John Dryden translation
Here we have the greatest lawyer in all of Rome, insisting that he wished to be remembered as a philosopher — a thinker — not a lawyer. Being a lawyer was part of who he was; it did not define him….
Lawyers are not necessarily members of the most beloved profession. While an obvious statement, it is important to realize that your work may end up, despite your most ardent efforts, upsetting your own clients or any foes that you may have had in the course of a litigation matter.
One place that many lawyers overlook as a liability is intellectual property. If someone feels the need to get retribution, messing with a firm by taking advantage of “would-be” intellectual property may be a tactic employed. Make sure you are prepared by taking some common sense and low-cost precautions…
Occasionally, someone wants me to do legal work outside of my practice area. I tend to refer the potential client to an attorney who can handle it and ask for a referral fee when appropriate. But sometimes it makes sense to work the case myself with outside help — for example, if the work is for an existing client and he cannot afford the referring attorney’s fee. So as a gesture of appreciation to the client, you want to help him for a reduced fee. Or you want to get experience in the area of law that is involved.
And let’s be anonymously honest. Sometimes the case has potential for large attorney’s fees and you want a bigger cut than the firm’s standard referral percentage. It’s hard not to feel bitter when you get a paltry referral fee up front and later learn that the attorney who handled the matter got a half-million-dollar payout.
So today, I want to write about how I typically (but not always) decide whether to refer a case out completely, or co-counsel with someone else. I assume readers are familiar with and will follow the ABA Model Rules 7.2 and 1.5(e) and your state’s versions of these rules. My first priority is to refer a client to a competent attorney, even if it means a smaller referral fee or none at all. But when there are three or more equally competent and business-savvy attorneys competing for your referrals, the size and girth of the compensation package can be appealing…
As has been discussed ad nauseam, it’s a tough time to be a lawyer right now. The legal industry is in a rut and the economy continues to limp along. With the flood of lawyers that have been forced to hang their shingle over the past few years, there has been increased competition for clients. This has led to some fairly cutthroat competition in the world of attorney advertising.
Many types of practice don’t advertise. Or rather, their advertising is of the tried-and-true “display expertise” variety. Write articles for your bar association magazine, speak at clients’ industry events, join boards and committees. Not so much talking about yourself, but showing that you are active and engaged in the legal industry. Let your reputation speak for itself; let others talk about you. Develop a reputation, not a brand.
But building a reputation is hard. Developing a brand is expensive. Wouldn’t it be easier if you could just mooch off of someone else’s hard work or money? Such was the proposition to New York attorney (and occasional ATL writer) Eric Turkewitz this past week…
Cybersecurity is becoming an important issue for lawyers, whether you are a solo or working at a multinational law firm. When it is so easy and seamless from a workflow perspective to move to the cloud, many firms are pushing their operations and employees to this technology. There are many considerations to weigh when deciding to go from the file cabinet or local server to the cloud…
I begin my quest for a fulfilling job by revisitng my alma mater’s career development office (CDO). When I was a law student, the CDO was unhelpful. This was because during my law school’s annual on-campus interview period, even the small firms and local government agencies wanted only the top 10% of the class. So the CDO tried its best to help me and the rest of the peasants scrounge for whatever was left. At this point, the Biglaw dreams and in-house wishes ended, and we were preparing for our multi-season starring role in Lifestyles of the Poor and Unknown, sponsored in part by IBR.
So I was not expecting much from the CDO as far as job leads were concerned. And since I am well past the all-important nine-month deadline for post-graduate employment, I expected the counselor to tell me the cruel truth — that there was nothing the CDO or my law school can do for me — EVER. So to ensure that my visit wasn’t a complete waste of time, I emailed the secretary ahead of time, telling her that I wanted to talk to the career counselor about a number of things other than any available job openings.
With unemployment rates still high for new law school grads, incubator programs sponsored by law schools and bar associations are gaining traction. Not to be confused with the profit-generating incubators common in the business and start-up world, the law school incubator concept, conceived by Fred Rooney at CUNY Law School, subsidizes new law school grads to start their own practices to provide “low bono” legal services.
In exchange for deeply discounting their fees, grads receive low-cost rent and training from more experienced attorneys. After 12-18 months in the incubator, these now practice-ready lawyers can move on to a position at a non-profit or continue to operate their firms on their own. Since the first law school incubator launched back in 2007, nearly two dozen others have cropped up at law schools and bar associations across the country.
For the past couple of days, I’ve been at a conference held by Institute for the Advancement of the American Legal System (IAALS). The purpose of the conference was to kick off a year-long project entitled Foundations For Practice that was being helmed by Educating Tomorrow’s Lawyers (ETL), a subset of IAALS. ETL is trying to determine the fundamental skills that new law graduates need to make them as appealing as possible to employers directly after they graduate from law school — i.e., how can law schools make sure that their graduates have skills that are valuable to future employers.
IAALS gathered a diverse group of lawyers to discuss the issue. Present were public defenders, judges, former ABA presidents, attorneys general, public interest lawyers, general counsels, Biglaw partners, and small firm lawyers such as myself and fellow Above The Law columnist Carolyn Elefant. We were there to give our perspectives on what were the skills we thought were necessary for new lawyers. Obviously there was strong general consensus as to what skills were necessary for new lawyers to have.
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.
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!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.