Advice

Ed. note: Please welcome our newest columnist, Professor Joseph Marino of Marino Legal Academy, who will be writing a bimonthly column about law school and legal education.

Your first year classroom experience is not all that different from the classroom scenes in the well known 1973 movie, The Paper Chase.

“Look to the left, look to your right. Because one of you won’t be here by the end of the year.” It sounds like an urban legend, but it’s not that far off from reality. According to the ABA, roughly 5,000 1Ls across the country will not come back for their second year of law school.

By now you should be familiar with case briefing and the Socratic method, the decades-long dominant pedagogical approaches for teaching first-year students. It is dramatically different from the days of rolling out of bed after a night out partying and acing the exam that you were used to in college. Unlike college and high school classes where your professor taught you the subject area, in law school you have to take responsibility for your own education….

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Lawyers and law firms need to measure their return on blogging. Too much time and money time is put into blogging to do it on a lark.

The ROI, or blog success, is not measured by traffic to your blog or increased traffic to your law firm website from your blog.

Blog ROI should be measured by five milestones. Look at the milestones at six months, a year, and again at two years. Business development success online is a marathon, not a sprint…

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I thought now would be a good time to give a progress report on my job search. It’s been a little over five months since the race began, and I still have not reached the finish line. All of the jobs openings I applied to have been filled. By someone else.

Recently, I wrote an email to an attorney named Stephanie whom I have known for many years and think of as a role model. Since I have been feeling discouraged and cynical lately, I thought it would be best to be direct with her and not beat around the bush. I was curious what kind of response and advice she would have, if any.

Read onwards to read my email and her response…

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You may have heard about a behavioral science experiment involving monkeys and a ladder with a banana at the top of the ladder. When one monkey would try to climb the ladder to reach the banana, the researchers would spray all of the monkeys with a hose. After a while, when a monkey tried to go towards the ladder, the others would stop him so that they wouldn’t get hosed. The researchers then switched out one of the monkeys with a new monkey who didn’t know about the hose. When he would go towards the ladder, just as before, the others would stop him. The swapping continued, and the new monkeys would join in stopping newer monkeys from going towards the ladder, not knowing about the hose treatment, but learning from the example of the original monkeys that going towards the ladder is bad. The researchers eventually swapped out all of the monkeys so that none of the original monkeys were together, but all of the new monkeys would try to stop each other from going towards the ladder.

There is some debate online as to the origins of that experiment, or whether it ever happened, so I’ll just call it the “parable of the monkeys who just do what everyone else does without understanding why” — or, for short, “the parable of the associate.” If you work in a law firm, you probably recognize the above fact pattern and can analogize it to your colleagues.

I’ve come across a bunch of lawyers since I started my legal career ten years ago. Some of them were really good, some were really bad, and most of them were just somewhere in the spectrum of not being memorable. The lawyers who were bad were all bad for about a thousand different reasons, but the lawyers who were good, almost always shared one quality: they were outside-the-box thinkers….

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With the kids heading back to school, it’s a good time to think about how education is changing — especially for lawyers. Our profession prizes continued education, and of course mandates it for those lawyers who otherwise would be too focused on billing or finding clients to learn. Both the way lawyers learn and for some the way they teach have been completely changed by technology. It may be trite at this point, but this is really the golden age of access to information and learning opportunities for everyone, lawyers included.

While on balance the development of the technology that has created the current state of information access has been a wonderful human achievement, there are downsides. Information overload can be paralyzing, and the speed at which information can be found and deployed creates stresses for those required to keep up. But if someone wants to learn something new, they can. And more than ever, for free.

As easy as it is to learn using today’s technological resources, that same technology has changed how a lawyer can teach others just as dramatically. When I gave my first CLE less than ten years ago, it was for lawyers within my firm, in one of the conference rooms, perhaps with some lawyers from other offices “joining” by speakerphone. For many years in Biglaw, that was how CLE was given and consumed. The biggest differences between sessions was the speaker and the size of the conference room. That changed over time, as firms started subscribing to audio or even video recordings of CLE from outside providers. With that development, it became easier than ever for lawyers to “consume” their CLE, often at group lunches sponsored by the firm. “Come for the food, stay for the CLE,” or something like that. Those lunches were a good way to make a dent in CLE requirements, especially if you aimed to get to one every month or two.

As busy as Biglaw lawyers often are, it was not uncommon for my colleagues and me to encounter a “CLE scramble” as registration deadlines approached….

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I enjoy reading Alex Rich‘s informative, comical, and sometimes depressing posts about life as a contract attorney, particularly in the world of document review. While I have no desire to do full-time doc review, I can see how the “bill and chill” nature of the job could appeal to some people. But in my world, there is more to being a “contract attorney” than being a coder.

Contract work is basically working for an attorney for a limited purpose. It ends once a task is accomplished or after a fixed period of time. Common contract-work projects are court appearances, document review, legal research, drafting or editing motions, and even trial. If you know the right people and have a certain skill set, contract work is not a bad way to make a lawyerly living. But for most new solo practitioners, contract work serves as a supplemental source of income (along with other interesting and strange side gigs) while they try to get their practice up and running.

Today, I want to talk about a rare contract attorney position: a temp-to-hire arrangement where your employer/client hires you on a contract basis and may offer an associate position in the future. I will talk about how to spot such a position and make the most of it. Finally, I will discuss whether it is better to accept the associate position or remain a contract attorney.

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Jennifer Lawrence

In case you haven’t heard, over the weekend a whole bunch of celebrities got hacked and nude photos of them leaked onto the internet. Let me just start out by saying that hacking into a celebrity’s phone and stealing her nude photos is just a horrible thing. It’s not a funny joke. It’s not something hackers should be high fiving over. Celebrities have the right to live private lives like everyone else and they have the right to take and keep private photos. On top of the embarrassment of having their private photos available to their parents and all of their fans and every pervert with an internet connection, it could seriously damage their careers. This should be another big warning slap in the face to everyone who stores private or confidential things on the internet, especially lawyers.

What lessons can lawyers learn from this unfortunate episode?

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Our law firm does not have a Twitter account. But our consulting and patent monetization firm, Markman Advisors, does (@MarkmanAdvisors) — an active one, where we post about patent litigation-related events that are of interest to our followers. Twitter has become our number-one way of interacting with the investment community that is the target for our consulting and patent monetization services.

Yet our law firm still does not have a Twitter account — and I am not convinced it should. As a practicing litigator, I am reluctant to give out my opinions on legal issues through such a broad-reaching medium. Lawyers on Twitter either need to have a lot of guts, or follow the typical boring Biglaw marketing model. I am not interested too much in either approach.

Our engagement with Twitter is relatively recent, dating to the launch of our law firm and consulting practice. Prior to Twitter, our focus was on demonstrating our patent litigation bona fides via investor-focused articles on websites like Seeking Alpha and Harvest. The goal of that work was to demonstrate that Markman Advisors offered investors, inventors, and companies interested in patent situations a unique analytical approach, informed by our collective experience litigating big-ticket patent cases while at Biglaw firms. We were fortunate to build a following on those platforms, which led to meetings with the type of clients we were interested in representing. In the course of those discussions, we found out that for the investment community — traders, hedge funds, whomever — Twitter is a necessary and powerful communications tool.

Being lawyers, our first reaction was skepticism….

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Ed note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, Alison Monahan provides some advice for optimizing your law school grades.

It’s a fresh semester, a new year, and you’ve resolved to get better law school grades. Great! How are you going to do that? If you’re like most people, you resolve to “work harder.”

For a few days, or maybe even a couple of weeks, you spend extra time in the library, making sure you’re well-prepared for class and don’t fall behind on the reading. Inevitably, however, things get in the way and you start slipping. Maybe your favorite TV show is on, or a big ball game, and your study time gradually drifts back to about what it was before.

There’s nothing really wrong with this approach, except for the fact that it’s unlikely to improve your outcome. What will improve your results is a new approach — iteration.

Continue reading at the ATL Career Center….

Keith Lee

It’s always interesting to have conversations with clients who have gone through multiple lawyers. Not the sort of clients who have gone lawyer shopping in the past, bouncing around looking for the lowest price, but rather the client who has had a relationship with a lawyer in the past and has decided to break away from that lawyer due to poor performance or bad customer service. Listening to clients who have severed relationships with other lawyers offers a glimpse into what is going on in the mind of clients and what they expect from the legal services they obtain.

One of the most egregious things I’ve heard lately from a client has to do with a couple of bottles of water….

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